Agenda packet — Concord City Council, August 8, 2023 (part 2 of 3)

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Education and Training
High School
Vance Granville community college- High School Equivalency Henderson North Carolina College
Vance Granville community college Medical office Administration Henderson North Carolina Technicial/Vocational Training
Harrison college North Carolina Pastry Arts Associate degree Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Basilisa Serrano
Basilisa Serrano

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Application

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Submit Date: Apr 12, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
12 Number of years in Concord:
11 Number of years in the county:
12 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Concord Pleasant Hill Health Care District Grant Committee: Submitted Mike Tiktinsky
Retired Retired Retired
Mike Tiktinsky

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Question applies to multiple boards
If you are applying for more than one board, commission or committee please list your selections in priority order below. This will help the interviewing Council Committee know your preference when interviewing.

Concord/Pleasant Hill Health Care District Grant Committee Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

I was appointed to this committee in March, 2023 and my term is up the end of June, 2023. I would like to continue on the committee as I have been attending meetings beginning in early March and participated in various applicant presentations. I will be working with the committee to make final recommendations to the City Council. Since I will have onlly had 4 months on the committee and beginning to really understand the depth and breadth of services available, I would definitely like to continue my participation. I hope that I have made some positive contributions to the committee and have been present at all meetings since early March. In addition to a background in public health (I have an M.P.H.), I have seen how difficult it is for low income residents to access adequate health care services. This year, we have hosted in our home 2 different Ukrainian refugees (1 family with 2 children, 1 individual) and have helped them through the difficult process of applying for and accessing health care services. This appears to be standard operating procedure for anyone of low income without adequate resources. As a community, I believe we need to do a better job of providing good health care services to this population in need. If being on this committee can in some ways help with programs to serve this seriously unmet need, I would like to contribute to helping.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

I have been working on this committee since early March, 2023 and would like to continue my participation. In the 1980’s I worked with the Walnut Chamber of Commerce on programs to help high school students learn about careers. We put on career day programs and helped find sponsors for students to shadow for a day. I coached the Napa High School Mock Trial team for 5 years, each year winning out county and taking the team to the state championships. I then ran the Napa County High School mock trial program for another 5 years and received the "Outstanding Commitment to Youth" from the Constitutional Rights Foundation, the sponsor of the high school mock trial program.

Mike Tiktinsky

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Upload a Resume
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

I have an M.P.H. with a double specialty in epidemiology and behavioral sciences in addition to a Ph.D. In psychology. I have completed 16 graduate courses in statistics and have been admitted as an expert in state and federal courts all over the country with a specialty in statistical analysis in discrimination cases. I have extensive experience in analyzing data to determine if the program has met its stated goals. I have a strong research background so that I can evaluate whether or not the proper analysis metrics are included in the design of the program.

Education and Training
High School
Los Gatos High School, Los Gatos, CA
College
U.C. Berkeley: BA, psychology U.C. Berkeley: MA, Mathematical psychology U.C. Berkeley: Ph.D.

Psychology U.C. Berkeley: M.P.H. Epidemiology and Behavioral Sciences Technicial/Vocational Training
Post-doc in psychiatry, Stanford University Medical Center Certification or Other
Certified Pesonal Trainer, American College of Sports Medicine Certified Powerlifting Coach, United States Powerlifting Association
TERMS OF ACCEPTANCE and SIGNATURE
Mike Tiktinsky

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Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Mike Tiktinsky
Mike Tiktinsky

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Experienced Senior Consultant with over 25 year in trial and jury consulting. Strong client handling and interpersonal talents. Chosen as the lead consultant multiple times on large, multi -defendant cases to handle trial consulting needs for a team of atto rneys from different law firms representing different clients and client needs. Skilled in managing, delegating and assigning complex timelines and projects.

Skilled in client oversight and management, issue resolution and business presentation. Impressive capability for juggling multiple tasks and projects within deadlines and delivering quality results. Provided consulting services on over 120 Intel lectual Property cases and was the go-to consultant for difficult patent cases in challenging venues.

Consulted on cases involving exposure to toxic chemicals, tobacco, and health related outcomes.

Admitted and testified as an expert in statistics and data analysis for discrimination cases in federal and state courts across the country.

Work History
1994 - 2018 Senior Consultant
Trial Behavior Consulting, Inc., San Francisco, CA
• Work with trial teams to prepare for trial or settlement • Analyzed weaknesses and problems. Made
recommendations to overcome weaknesses, strategies
to deal with key problems, identified persuasive
arguments to persuade jurors
• Prepared witnesses for depositions and trial testimony • Developed juror selection strateg y
• Identified potentially problematic jurors during jury selection and developed strike strategy
Education
1980 M.P.H.: Epidemiology And Behavioral Sciences
University of California - Berkeley
1974 Ph.D.: Psychology University of California - Berkeley Contact
Address
Concord, CA, 94519
Phone
(415) 601 -3574
E-mail
[email protected]
Skills
Consulting
Project Management
Statistical and Data
Analysis
Client Management
Outstanding
communication skills
Flexibility
C. Michael ("Mike") Tiktinsky
Retired

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Community Involvement
Coached the Napa High mock trial team for 5 years
(each year winning the county and taking the team to
the state finals) and ran the Napa County High School
mock trial program for 5 additional years. Received
Outstanding Commitment to Youth Award from the
sponsoring agency, the Constitutional Rights
Foundation.

In the 1980's, worked with the Walnut Creek Chamber
of Commerce on high school career program.
.

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Application

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Submit Date: May 02, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
1 Number of years in Concord:
1 Number of years in the county:
1 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Parks, Recreation and Open Space Commission: Submitted
Marbeya Barragan
visa analyst fintech
Marbeya Barragan

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Question applies to multiple boards
Are you available for evening meetings?
Yes No
Would you like to be contacted about future Board, Committee, or Commission recruitments?
Yes No
Interests and Experience
Question applies to multiple boards
Please state your reason for applying, including qualifications for this position:

Want to help concord grow into what it can be and have some experience in cleaning up parks and drawing crowds.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

Participated in community outreach years ago in east san jose that brought communities together at local parks, helped kept them clean and drove crime away. Would like to bring that here.

Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:
- Taught fundamentals of finance to high schoolers at an after school program, community outreach - Participated in community outreach to bring residents to parks - I love Parks! Education and Training
High School
Mt Pleasant high school - San Jose
Marbeya Barragan

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Upload a Resume
College
San Jose State University
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Marbeya Barragan
Marbeya Barragan

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Marbeya
Barragan San Jose, CA
95122
[email protected] Cell: 408-916-6689
Experience

Visa Inc, San Francisco, CA January 2023 - Present
Salesforce, San Francisco, CA December 2019 - December 2022 ▪ Partner with global/ regional sales leads to drive integrity of pipe reporting and forecasting process.
▪ Own pipe data and be the single source of truth. Enhance our views to gain scale and address new requirements.
▪ Fix query issues as they surface, for example revamp all reporting(querys) and the way we view our business as products change and of course making sure everyone understands the impact and is enabled.
▪ Propose changes to systems/ processes to fix root causes. (SQL, Oracle, Data Grip, tableau).
▪ Run monthly calls with our regional leaders and align on business needs and take on ad hoc requests.
▪ Run our internal team weekly call to align on priorities and make sure our team sees the big picture and how it all connects.
▪ Own and maintain our KPI model (houses all metrics in one place), ranging from actuals, pipe, forecast, year over year analysis, targets and other key objectives and performance indicators. Ring the alarm for highs and lows the indicators are telling us. ▪ Build and improve dashboards for sales leaders to simplify KPI data and enable teams to reach and use the data for exec meetings and forecast planning.

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▪ Host enablement office hours for sales to show them how to use new dashboards and other tools that will help them with their area of business. Prepare them on the metrics heavily discussed by our executives and how them can stay on top of things. ▪ Develop presentations and reporting for senior executives, using google presentations and leveraging salesforce reporting/oracle for building automation. ▪ Derive insights into the health of the business, identify areas of weakness and present improvement recommendations to sales leadership. Provide recommendations on forecast changes and provide proof in the data that supports. ▪ Produce our executive deck that is presented on a weekly basis. This is a collaborative deck I manage where input is coordinated from all teams to present in detail the state of the business. I am responsible for the insights on pipe, forecast metrics and actuals, overall completion.
▪ Proactively interact with cross-functional teams to continuously find ways to improve processes and automate as much as possible. Goal is to provide business insights/more time for analysis and maximize our potential growth. Using Tableau, Oracle, Salesforce, SQL.
▪ Generate the weekly communication and talking track for our CEO and org. Put together his script that explains the status of our business by working with BU CEO and exec, aligning on one message.
▪ Make sure the data integrity is clean in salesforce for month end and quarterly reporting.

This entails working with sales ops and sales to make sure we have opportunities reflecting correctly for greater integrity of reporting and dashboards. ▪ Network with the greater org across all industries to define best practice across Business Operations.

Egnyte, Mountain View, CA April 2019- November 2019
Financial Analyst II
▪ Deliver monthly variance analysis on Saas metrics.
▪ Prepare and send financial analysis to each VC
▪ Provide extensive research on competitors in our market and keep track of progress to surpass them.
▪ Track head count worldwide along with making sure we are aligned with the budget. ▪ Plan headcount for expansion world wide
▪ Coordinate monthly meetings with all the cost departments to have everyone aligned with the budget.
▪ Create templates for each cost center and tailor them to their respective business needs. ▪ Check in weekly with cost departments on any updates that may take us over/under the budget.
▪ Work with accounting to verify expenses are coming as planned. ▪ Put together monthly financial presentation decks for CFO and executives. ▪ Adhoc reporting and analysis
▪ Update/Maintain the financial model(on a monthly and quarterly basis) with revised budgets and actuals including P&L and balance sheet.

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▪ Make sure our revenue is matching to what is being booked by verifying with billing and salesforce.
▪ One of the leads for the Anaplan tool integration, managing user access and visibility for sensitive information, responsible for the full migration from excel to Anaplan.

Infinity Consulting, San Jose, CA June 2018- March 2019 Business Operations- Consultant
▪ Responsible for salesforce reporting/data validation/dashboards/sales rep trainings ▪ Lead/generate quarterly and monthly targets by region ▪ Prepare the Actuals vs. Target accuracy report
▪ Create process documentation for business operations, precise instructions on how each process works and runs step by step.
▪ Put together events for office grand openings
▪ Put together training sessions for employees and sellers, work with all providers to set up the right flow and content
▪ Continue to enable sales team on all tech products required for recording a sale, selling and research on best products per client
Brocade, San Jose, CA June 2015- April 2018
Sr. Revenue Planning Analyst
▪ Coordinate and collaborate with our global team for our corporate revenue countdown process (quarter end). Gather all contra, revenue and accounting teams to roll up and monitor the final number and make sure we are meeting our target. ▪ Lead the team’s automation projects
▪ Making sure all deals and their progress are updated correctly in sales force. ▪ Paint a daily story with a power point presentation explaining where the company is as a whole in terms of Revenue. Present and prepare this revenue presentation to execs (every two last weeks of the qtr), compare to the targets/to-go’s and highlight any issues/risks we may have.
▪ Provide the execs with analytics/create dashboards using tableau, BI or Hyperion, showing a revenue overview of the business as well as drilling down by product family and SKU (present all data available for decision making). ▪ Run and coordinate global forecasts on a quarterly (2x a quarter) basis and yearly annual plan.
▪ Work closely with IT on finding ways to simplify (automate) the corporate revenue process as well as monitor the data accuracy in the tools managed by my team. ▪ Responsible for the global consolidation and revenue analysis for all business units, to deliver a proposed corporate revenue forecast for the year. (by geo and business partner)

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▪ Manage our product life cycle updates and adjusting revenue forecast by working with product management, marketing and pricing teams.
▪ Coordinate the weekly global sales calls and update the revenue forecast accordingly, as well as highlight possible downfalls to prepare alternate strategies. ▪ Provide adhoc reports for all teams on anything revenue related. ▪ Deliver weekly and monthly ﬁnancial reporting packages to senior management/execs. ▪ Generate the corporate accuracy report and KPI’s, which analyzes the corporate plan vs actuals and provides a view to the execs to see how we measured to our forecast (by product family and SKU).

SanDisk Corporation, Milpitas, CA June 2012-June 2015
Sr. Business Operations Analyst
▪ Responsible for putting together the supply (detailed split by SKU level) forecast for certain marketing segments in the OEM division (using pivots and VLOOKUP’s). ▪ Gather inputs from the supply and marketing team to finalize the supply forecast to support the revenue plan. Plan for upsides and other possible scenarios such as risk to road maps etc.
▪ Have close communication with sales to make sure bookings are coming as planned per the forecast.
▪ Ensure we are meeting the customers requested delivery date/any changes they may have.
▪ Work daily with demand planning/engineering. If a problem arises, the goal is to find a solution before it escalates ASAP.
▪ Help coordinate weekly meetings with global marketing/sales to have the latest status on major accounts and address any sort of issues on time.(CRM Dynamics) ▪ Help lead the implementation of Microsoft CRM, worked with IT and developers to make sure everything in the tool was accurate and clean. Responsible for data governance within the tool and responsible for user training across the company. ▪ Keep track of bookings on a daily basis (i2 DM), and keep the total month forecast updated daily to get the best revenue/margin projection at all times. These orders and requests are managed through Excel and customized pivot tables, then entered into our DM i2 system.
▪ Prepare a weekly Power Point presentation for upper management updating latest issues (high lights/low lights), progress on targets and discuss new ideas. ▪ Create reports and dashboards to empower sales teams to monitor their performance against targets and supply availability (Qlikview/Tableau). ▪ Manage the business unit segmentation and tiering to make sure it reflects correctly in all systems and analysis process.
▪ Analyze margin/revenue by customer, product and SKU (Qlikview tool).

Education

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San Jose State University, CA
Bachelor’s in finance, Finance Class of 2012
Extras

· Fluent in English and Spanish
· Excellent skills with Power Point/Excel/Microsoft Word/Outlook/SharePoint/ Microsoft Dynamics CRM/DM i2/Qlikview/Tableau/Hyperion/business objects/salesforce/google docs/google sheets /billing.com
s/quickbooks/intuit/Egnyte/oracle/AZPRD/SQL/Datagrip/Alteryx/ · Project Management
· Team Player
· Multitasker
· Highly Organized
· Analytical skills with attention to detail and experience analyzing large sets of data

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Application

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Submit Date: Apr 20, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
5512 Langford Ct
Number of years in Concord:
19 Number of years in the county:

CA
Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Parks, Recreation and Open Space Commission: Submitted
David Dawson
Retired-Homeowners
Association Services Community Manager HOA Management
David Dawson

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Retired manager of HOA, have experience with HOA pools, parks, opens which transfers over to this committee well. I have have time to devote to this, I have extensive management experience, I don't have an agenda and I'm used to working with committees of people.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

None. Didn't have the time prior to retirement.

I have managed groups of people my entire life, as a commissioned officer in the Navy, to HOA's. I'm flexible and can deal with groups.

Education and Training
High School
Nogales HS, La Puente, CA
David Dawson

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Upload a Resume
College
USC, Los Angeles
Technicial/Vocational Training
None (but I have learned quite a bit through working with the contractors that I have known and used throughout the years.

Certification or Other
Have been certified as a Certified Community Manager by the California Association of Community Managers.

TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name David Dawson
David Dawson

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5512 Langford Ct.

Concord, CA 94521
(H) 925-673-5118
(C) 925-586-4863
[email protected]
David L. Dawson
Objective Provide Service as a Retired Member of the Community. Keep the brain active!
Experience Dec 2009 to May 2020 Homeowners Association Services San Ramon, Ca. Retired May 2020.

Certified Community Association Manage
Managed 9 to 12 homeowner associations to ensure their Board of Directors follow their Bylaws and CC&R’s, prepared and managed Board meetings and other meetings as needed. Arranged for maintenance and repairs to common areas such as pools, parks, club houses, open space, a bridge (auto bridge) and a creek. Includes preparing and preparing bids. Prepare annual budgets and conducting elections for Board members.

Dec 2002 to Oct 2008: Wells Fargo Home Mortgage Concord, Ca Underwriting Manager/Lending Manager II
Supervise underwriters in a wholesale 1st mortgage branch. Department size was as high as 35 staff during height of past refinance boom, currently 6 in the department. Perform reviews of their work, assist in complex underwriting decisions, make “business decisions” based on customer service issues, resolve problems and disputes. Hire and train underwriters, evaluate staff. Recently completed FHA training for DE program, CHUMS number assigned. Supervise branch training.

Organized branch recognition program (employee of the month). Work with sales in answering their scenario questions. Currently a subject matter expert for regional projects (standardized income calculations for underwriters and high trust sales for operations staff). Helped to start home equity simo project and alternative lending project involving my branch. Perform other functions as needed by the branch manager.

Oct 2001 to Dec 2002: JP Morgan Chase Bank San Ramon, Ca Underwriting Manager
Was hired as a T eam Lead and then promoted to Manager in June 2002.

Supervise a group of 8 to10 underwriters and their loan coordinators (processors). Perform qualify reviews of their work, assist in complex underwriting decisions, review declines and counter offers, make “business decisions” based on customer service issues, resolve problems and disputes. Managed the pipeline distribution and turn-times for the center.

Manage by reports. Interview, hire, evaluate and train staff. ,
Oct 1993 to Oct 2001 Bank of America Pleasant Hill, Ca

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AVP, Sr . T eam Leader
Started out as a Sr. Underwriter in wholesale doing 1st mortgage products.

Moved into supervision with assigned the underwriting load among 15 or so underwriters and during peak periods, moving files to other underwriting centers. After 4 years with the bank, was promoted to Sr. T eam Lead in retail for a production team I hired and trained consisting of 8 to 12 people (3 underwriters, 8 processors, 2 funders, and some occasional temps). I had 3 to 5 sales districts consisting of about 30 account executives. I funded about $70 to $100 million per month in loan volume and for most of my 4 years in this position, was the number 1 team of 5 in the center. We did 1st mortgages and equity lines of credit, and FHA and VA loans. Although not a DE underwriter, I’ve had formal class training with the bank in government loans and in actually processing these on my team.

Prior to Bank of America, I have credit and underwriting experience with these companies: General American Mortgage, Echelon Mortgage, Wells Fargo Bank, and Norwest Financial.
.

Education University of Southern California Los Angeles, Ca B.S., Business Administration (Finance)
Concurrently was commissioned as an Ensign, US Navy.

Skills Microsoft Office, LPS (MLCS), ACAPS, DU/DO, Loan Prospector Additional
Information
Chartered Life Underwriter (CLU) and Chartered Financial Consultant (ChFC), American College, Bryn Mawr, PA.

Honorable discharge as a Lieutenant, US Navy.

Eagle Scout.

Volunteer activities include Scouts, International Order of the Rainbow for Girls, camping, hiking, attempting to play golf, church plays, and assisting my wife with her work.

References Upon Request (if you really need them.

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Application

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Submit Date: Apr 12, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
24 Number of years in Concord:
31 Number of years in the county:
31 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Parks, Recreation and Open Space Commission: Submitted
Kandi Lancaster
Walnut Creek School District Substitute Teacher Education Kandi Lancaster

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I have proudly served on the Commission for 27 years and I wish to continue to work with the City Council and City staff to make life better for our citizens and visitors. I have seen the City through times of budgetary challenges and I am pleased to see the projects that have been completed during my tenure and look forward to many more in the future. I have had the pleasure of serving multiple terms as Chair of PROSC.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

Prior to relocating to Concord in 1992, I served for 7 years on the Recreation Commission and was chair of the General Plan Advisory Committee for the City of Redondo Beach, CA. I have been a Day Camp Director and Recreation Supervisor for Redondo Beach prior to serving on the Commission. I have attended CPRS (CA Park and Recreation Society) conferences including a Recreation and Facilities training in Denver, Colorado as well as National Aquatics Conference in Scottsdale, Arizona.

As a middle school teacher and I well versed in managing tasks, projects and conducting efficient meetings, including Zoom and in-person conferences. I coordinate conferences for the California League of Educators and the National Schools to Watch program. I am a lifetime member of Girl Scouts of the USA and serve as chair of the Friends of WAGGGS USA for the World Foundation for Girl Guides and Girl Scouts. I also coordinate a medical team to Guatemala for the United Methodist Volunteers in Mission. I served as president of the Walnut Creek Teacher's Association as well as serving as a State Council Representative for the CA Teacher's Association.

Kandi Lancaster

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Upload a Resume
Education and Training
High School
Aviation High School, Redondo Beach, California (1968)
College
El Camino College, Torrance, California (AA, American Studies, 1986) Mills College, Oakland, California (BA, American Studies major, Women's Studies minor, 1995) Cal State East Bay (Single Subject Teaching Credential, Social Sciences, 1997) Universidad of Malaga, Spain (Spanish Language and Culture Certificate)
Technicial/Vocational Training
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Kandi Lancaster
Kandi Lancaster

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Kandi Lancaster
Mills College BA American Studies, Women’s
Studies Minor (1995)
El Camino College AA American Studies
(1986)

WORK EXPERIENCE
Walnut Creek Intermediate School (T eacher)
Social Studies, Spanish (1995 – 2016);
Girl Scout experience
Lifetime Member
Leader 1974 – 1992 Brownies to Seniors
Board Member, Angeles Girl Scout Council, Los
Angeles (1980 – 1986)
National Meeting Delegate Portland, OR
Wider Op/Destinations Staf Whales, Witches
& Weavers (1988); Wagons West (1991); South
Dakota Roundup (1991); Drums, Drama, Dance &
Design (1993); Careers in the Pioneers (1993);
Destination Discovery (2002); Day and Night in
the Low Country (2005)
Travel Troop Advisor We Get Around (1994);
DC to Canada (1995); Our Cabaña (2008); Pax
Lodge/Our Chalet (2015)
World Center Travel Pax Lodge (2000, 2015);
Sangam (2000); Our Cabaña (2005, 2008, 2009);
Our Chalet (2015); Kusafiri (2019)
World Foundation for Girl Guides and Girl Scouts
Friends of WAGGGS USA (vice chair); Planning
T eam GS National Meeting (2017)
Girl Scout National Meetings
Attended/Volunteered Atlanta, Long Beach,
Houston, Columbus
Volunteer experience
City of Concord, CA Parks, Recreation and Open
Space Commission member/chair (1997 to
present)
Walnut Creek Teachers Association President
(2006 – 2014)
California Teachers Association State Council
Rep (2012 – 2014)
America’s Cup Sailing Guest Relations
Super Bowl 50 SF T eam Captain, supervise
volunteers
City of Concord, CA Parks, Recreation and
Open Space Commission Member (1997 to
present) Multiple terms as Chair

PROFILE
I am blessed to have the time to
contribute to my community
through my volunteer activities
including as a 25 year member
of the Parks, Recreation and
Open Space Commission for the
City of Concord, California. I
enjoyed my years as a teacher
and continue to be involved in
youth activities through Girl
Scouts and my work in
Guatemala; I am bilingual
(Spanish). I am comfortable
leading diverse groups and
bringing consensus for the
benefit of all involved.

CONTACT
PHONE:
925-948-5908
EMAIL:

[email protected]

HOBBIES
Travel “Be a traveler, not a
tourist”
Sailing ASA Certified
Crafts Knitting

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Application

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Submit Date: May 09, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
31 years
Number of years in Concord:
51 years
Number of years in the county:
51 years
Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Parks, Recreation and Open Space Commission: Submitted
Mark Sinclair
Self Dad Retired
Mark Sinclair

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Part of what makes Concord a great community is the commitment of City Staff and Leaders to maintain or improve what we have while always being open to something new. As a current member of the Parks, Recreation, and Open Space Commission, it is a pleasure to collaborate with people that want to explore every opportunity and option. It is very satisfying to know that as a member of the Parks, Recreation, and Open Space Commission I can have a role in exciting projects and programs that will have a positive and lasting effect on the quality of life in Concord.

Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

I have been associated with the City of Concord Parks, Recreation, and Open Space Commission for the last 17 years. I was an alternate to the PROS Commission from 2006 - 2009 and then was appointed to the Commission in 2009. I served as the commission chairman in 2011 and 2016, and as the vice- chairman in 2010 and 2015. I served as the PROS Commission representative to the City of Concord's Bicycle, Pedestrian, and Safe Routes to Transit Plan Advisory Committee from April 2015 to September 2017. The plan that resulted from this committee's work fulfilled the City's commitment to the Complete Streets program. I was appointed as the Contra Costa County Supervisor District IV and City of Concord representative to the Iron Horse Corridor Management Program Advisory Committee in December 2007. I served on this commission until August 2009. I was the first Chairman of the Baldwin Park Neighborhood Association in 2004. As an employee of California State Park: 1) I had a role developing the Mount Diablo State Park Road and Trail Management Plan that was completed in 2016. This was the first Road and Trail Management developed in California State Parks. 2) I was a contributor to the development of the California State Parks Trail Handbook published in 2019. 3) In 2021 I was selected to participate in a work group charged to develop the latest California State Parks Strategic Plan. Our work from several meetings over the course of a year created the framework for the development of a that plan.

Mark Sinclair

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I have a long history of involvement with City of Concord Parks and Recreation Department (beginning when it was known as the Leisure Services Department.) Starting in 1976, I spent over 30 years involved in various ways with Concord Pavilion. I started as a volunteer riding my bike to the Pavilion's Salvio Street offices to stuff car trash bags with advertisements during the day and then reporting to the Pavilion in the evening to hand the flyers to drivers paying their parking fee. I later was a leadworker for the Pavilion's concessionaire and then became a full-time employee on the Pavilion maintenance staff. After ending my paid employee status at the Pavilion, I was a volunteer usher for about 15 years. I began volunteering at Mount Diablo State Park as a member of the trail crew in 1996. I eventually became the Park's trails coordinator on a volunteer basis and after 14 years as a trail crew member I accepted a full- time position on the maintenance staff. I worked in that position for 12 years before retiring in 2022. While with State Parks, I organized over 200 volunteer events ranging from monthly trail crew projects to annual events such as Earth Day that have attracted up to 250 volunteers and produced thousands of hours of volunteer being donated to the Park each year. I have also worked to solicit grant funding that benefits the park. Between my careers at the Pavilion and Mount Diablo I worked for 23 years as a geologist for engineering firms that worked almost exclusively with public agencies for infrastructure projects ranging from roads to buildings to pipelines. Other related volunteer roles have included advisory and leadership roles for trail construction and maintenance groups. For the past 22 years I have led volunteers on an annual trip to the Mammoth Lakes area where we have worked with the Forest Service to maintain a 30- mile section on one of the most beautiful portions of the Pacific Crest Trail. I have also worked with Volunteer Outdoors for California (V-O-Cal) where I designed new trails and/or led volunteers for the construction or maintenance of trails throughout the Bay Area over a 10 year period.

Education and Training
High School
Concord High School Class of 1979
College
University of California, Davis B.S. Geology 1987
Technicial/Vocational Training
Mark Sinclair

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Upload a Resume
Certification or Other
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Mark Sinclair
Mark Sinclair

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Mark Douglas Sinclair
2030 Cedar Street
Concord, CA 94519
Home: (925) 825-0969
Cell: (925) 876-0505

EDUCATION: Bachelor of Science, Geology, University of California, Davis, 1987

RECENT WORK Park Maintenance Worker, California State Parks, EXPERIENCE: Bay Area District, Mount Diablo State Park, 2010 to present  This position has many roles. The primary role is to perform skilled labor tasks (carpentry, plumbing, electrical, etc.) for facilities in the park. My secondary role is as District Trails Coordinator managing all aspects of the trails system at Mount Diablo while also managing trail projects in other parks in the Bay Area District. Other roles include volunteer coordinator and fire fighter.

PREVIOUS Staff Geologist, DCM|GeoEngineers, Walnut Creek, California, 2008 to 2010 WORK Staff Geologist, DCM Engineering, Walnut Creek, California, 2005 to 2008 EXPERIENCES Staff Geologist, DCM/Joyal Engineering, Walnut Creek, California, 1993 to 2005  Perform geotechnical engineering investigations and prepare reports providing design and development recommendations for a diverse range of projects. These projects include: public works improvements typically consisting of pipelines and associated water or sewage treatments facilities; office and commercial complexes; residential structures; landslides; and athletic facilities.

: Guest Services, San Francisco Giants, San Francisco, California, 1999 to 2000 Transit Ambassador, San Francisco Giants, San Francisco, California, 2000  Guest Services duties included ticket taking, ushering, press box security, elevator operator, and promotional material distribution during Giants games.

 Transit Ambassador duties included educating guests on available transit to Pac Bell Park and the management of ferry boat facilities during events.

Project Manager/Staff Geologist, Buller Group, Pacheco, California, 1987 to 1993  Obtained project goals during initial client contact, established scope of work based on project goals, managed and performed the geotechnical engineering investigation and project construction observations, and completed invoices for project billing.

 Performed tasks similar to those described above for my most recent employer, DCM Engineering.

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Mark Sinclair

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WORK

EXPERIENCES

PREVIOUS
CONTINUED: Utility Worker, Concord Pavilion, Concord, California, 1987 Maintenance Lead Worker, Concord Pavilion, Concord, California, 1986 General Laborer, Concord Pavilion, Concord, California, 1981 to 1987  Performed maintenance and repair necessary for upkeep of grounds and facilities at 8,500 seat outdoor amphitheater.

 Supervised 20-member seasonal maintenance crew assigned to clean Concord Pavilion facilities after events.

 As the Maintenance Lead Worker, I supervised an 8-member seasonal crew during Concord Pavilion events to ensure the facility grounds were safe and functional for guests.

VOLUNTEER
ACTIVITIES: Trail Construction and Maintenance:

 Volunteer Trail Crew Coordinator, Mt. Diablo State Park, 1998 to 2010  Crew Member/Leader, Mount Diablo State Park, 1996 to 2010  Technical Advisor, Volunteer for Outdoors Calif. (VoCal), 2007 to present  Crew Leader, Volunteer for Outdoors California (VoCal), 2007 to present  Crew Leader, Pacific Crest Trail Can Do Crew, 2000 to present  Crew Member, East Bay Trail Dogs, 2003 to 2010

Theatre:

 Usher, Concord Pavilion/Chronicle Pavilion/Sleep Train Pavilion, Concord, California, 1987 to 2013
 Usher, Willows Theatre, Concord, California, 1996 to 2009  Usher, Campbell Theatre, Martinez, California, 2008 to 2010  Usher, Post Street Theatre, San Francisco, California, 1999 to 2008  Guest Services, Mondavi Center, University of California, Davis, California, 2003 to 2008
 Guest Services, Dean Lesher Regional Center for the Arts, Walnut Creek, California, 1991 to 2001

Sporting Events:

 Promotions, Oakland Athletics Baseball Co., Oakland, California, 1993 to 2000
 Promotions, Golden State Warriors, Oakland, California, 1998 to 2000

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Mark Sinclair

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AFFILIATIONS: Parks, Recreation, and Open Space Commission, City of Concord, Concord, California
 Vice-chairman, 2009 to present
 Alternate Commissioner, 2006 to 2009

Bicycle, Pedestrian, and Safe Routes to Transit Committee, City of Concord, Concord, California
 Parks, Recreation, and Open Space Commission representative, 2015

Lions Club International, Concord, California
 Charter Member, 2007

Ironhorse Corridor Management Program Advisory Committee, Contra Costa County, California
 Committee Member representing the City of Concord and Contra Costa County Supervisorial District 4, 2007 to 2009

Baldwin Park Neighborhood Association, City of Concord, Concord, California  Chairman, 2004

AWARDS:

 California State Parks Superior Achievement Award, November 2009.

 Pacific Crest Trail Association 2008 Trail Maintainer of the Year: Southern Sierra Region.

 California State Parks Golden Poppy Award, 2004.

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Mark Sinclair

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TRAILS

RELATED
EDUCATION: Crew Leader Orientation and Trails 101, Volunteers for Outdoor California (V-O-Cal), May 2007

Class B Sawyer Certification, Cross-cut saw, U.S. Forest Service, 2007

California Trails and Greenways Conference, Folsom, California, May 2007

IMBA Trail Care Crew Trail Building School, Concord, California, April 2007

California Parks and Recreation Society Conference, Sacramento, California, February, 2007

Trail Construction and Maintenance Workshop, Mt. Diablo State Park, 2004  A one-day class for the Mt. Diablo State Park trail crew taught by Mr. Karl Knapp, California State Parks Recreation Specialist.

Power Tool and Vehicle Operation Certification, California State Parks, 2004  A one-day class for certification to operate power tools in the State Parks.

Also certified to drive vehicles on fire roads in State Parks.

REFERENCES: Available upon request.

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Application

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Submit Date: May 04, 2023
First Name Last Name
Email Address
Street Address Suite or Apt
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title Occupation
City of Concord
Profile

HOME ADDRESS
Number of years at above address:
10 Number of years in Concord:
12 Number of years in the county:
22 Number of years at employer:

Employer Address
Which Boards would you like to apply for?
Parks, Recreation and Open Space Commission: Submitted
Arthur Tousley
Retired Engineering Project Manager Engineer
Arthur Tousley

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I would like to support the City's facilities
Question applies to multiple boards
Describe prior service on a board, commission, or any other community service or public body, indicate agency and explain what significant contributions you made:

Have not served on boards, etc., previously
Question applies to multiple boards
Considering your experience and activities in business, labor, professional, social, or other organizations, indicate the experience, technical training, and/or skills which qualify you for an appointment:

Engineering and construction background
Education and Training
High School
Skyline High School, Oakland
College
University of Utah
Arthur Tousley

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Upload a Resume
Technicial/Vocational Training
Certification or Other
Bachelor of Science, Mining Engineering
TERMS OF ACCEPTANCE and SIGNATURE
Question applies to multiple boards
I, applicant for a City of Concord Board, Commission or Committee, warrant the truthfulness of the information provided in this application. I certify under penalty of perjury that I am a resident of the City of Concord and meet the eligibility requirements.

Please Agree with the Following Statement
I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms and Acceptance.

I Agree *
Electronic Signature - Please type your First and Last Name Arthur Tousley
Arthur Tousley

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Name: ARTHUR G. TOUSLEY
Title: Senior Project Manager
Education: B.S., 1981, Mining Engineering, University of Utah Contact: Tel.: 714.872.3393
[email protected]
Concord, Calif.

Art Tousley has over thirty years of professional experience in project management, encompassing engineering and construction management for projects in USA, Europe, and Asia. Technology sectors include petrochemicals, refining, oil field production, mining, and process facilities.

Project assignments include the following:
 Chevron, Richmond, CA – Project Manager for EPA RSR Project, C-170 Gas Splitter Replacement, FCC Heat Exchangers, Control Valve Manifold Relocation, RLOP REAC, and SRU NTRM Piping projects. $5 - 49MM projects, EP scope.  Shell Oil, Martinez, CA - Project Manager for Crude Tank Replacement Project. My role was project management and close-out functions at the final stages of this $108MM EPCM project. Managed engineering and contracts close-out, and assisted in start-up.  Tesoro, Martinez, CA – Project Manager for No. 7 Boiler Burner Replacement project. $10MM project, front-end engineering effort.
 Shell Oil, Martinez, CA – Project Manager for Crude Logistics and DHT projects. $12MM projects, EPCM scope.
 Shell Oil, Martinez, CA – Project Manager for F-40 Unit Air Preheater and Heat Recovery project. $12MM project, EPCM scope.
 Shell Oil, Martinez, CA – Project Manager for Flexicoker Unit Heat Exchangers project.

Main equipment obtained from specialized vendor in Italy. $23MM project, EP scope.  Valero, Wilmington, CA – Project Manager for Retro-PMI project. Developed funding estimate submittal package for refinery management. Work included the identification of refinery unit alloy components, obtained subcontractor quotes, and completed TIC estimate. $7MM project, engineering effort.
 Chevron, Richmond, CA – Project Manager for High Pressure Separator Vessels replacement project. $23MM project, EP scope.
 Chevron, Richmond, CA – Project Manager for 2600 Plant Rebuild. $7MM project, EP scope.
 Chevron, Richmond, CA – Project Manager for Lube Oil Plant Feed Pumps replacement project. $12MM project, EP scope.

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 ConocoPhillips, Ferndale, WA – Project Manager for Crude Heater replacement FEED effort. $50MM project, front-end engineering effort.
 ConocoPhillips, Ferndale, WA – Project Manager for SCR emissions control system for Vacuum Heater flue gas. Transferred to the field at completion of engineering to assist in development of field subcontract packages, construction support, and start-up. $12MM project, EP scope.
 ConocoPhillips, Wilmington, CA – Project Manager for SCR emissions control system for Boiler 7 flue gas. $8MM project, EP scope.
 ConocoPhillips, Wilmington and Carson, CA – Project Manager for small and medium sized projects for both refineries.
 ConocoPhillips, Wilmington, CA – Project Manager for Unit 141 and Unit 138 Steam Turbine Conversion projects. Front-end engineering.
 ConocoPhillips, Wilmington, CA – Project Manager for CARB IV gasoline upgrade project proposal.
 Great Salt Lake Minerals, Ogden, UT – Project Manager for potash mining and facility upgrade project proposal.
 US Borax, CA: Boric Acid Expansion – Phase II
Assisted Program Manager in EPCM project for US Borax Mine and Process Plant. $45MM project, EPCM scope. Coordinated engineering, procurement, and scheduling activities to support fast-track, high visibility project. Transferred to field to support construction and start-up.
 US Borax, CA Various Projects
Assisted in proposal efforts for various projects. Engineering, estimating, and proposal development oversight.
 Alliance Power, Black & Veatch, and P .G.&E.: various SCR Emissions Projects in Southern California - Directed execution of Gas Turbine power plant projects at three locations on a fast track basis, with a combined contract value of $23MM, lump-sum EP scope. These projects provided SCR emissions control equipment. Managed engineering disciplines and vendor production of equipment, which resulted in project completion ahead of schedule and under budget.
 Chevron, El Segundo, California - Directed proposal efforts for installation of SCR emissions control systems for FCC Tail Gas, in order to achieve federally mandated emissions levels.
 BAPCO, Bahrain, Hydrogen Plant - Project Engineering Manager for EP scope of a Hydrogen Plant project in the existing refinery in Bahrain, with a contract value of $85MM. Coordinating engineering activities with Technip office in New Delhi, India, and Caracas, Venezuela.

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 CENEX, Hydrogen Plant project, Laurel, Montana - Project Engineering Manager for LSTK Hydrogen Plant project in the CENEX refinery. TIC $17MM. Coordinated engineering activities with Technip office in Bogota, Columbia.  Falconbridge, Fluidized Bed Reduction System, Brisbane, Australia - Completed feed package on Fluidized Bed Reduction system for proposed Nickel mine and processing facility in New Caledonia. Anticipated contract value $11MM.  Kensington Labs., Director of Projects Designed/Managed facility expansion for robotic semiconductor waferhandling machine production. Successfully directed engineering and construction teams in hightech project execution.  EagleCon, Inc., General Contractor, Oakley, CA Owner and Manager of Construction Company involved in Design/Engineer/Build Wood Frame and Light Steel Structures. Managed construction company and controlled all operations. Peter Kiewit & Sons, Inc., Alameda, CA Field Superintendent: Offshore Oil Well Pumping Module Construction
 Chances “R” Oil Field Service, Wamsutter, WY Operated Winch Truck and performed gas well service duties.
 University of Utah, Salt Lake City, UT Research Assistant, Rock Mechanics Program. Assisted in finiteelement analysis of underground mine openings.

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Employment History:

Eichleay Engineers, Inc 2016 – 2020
Project Manager
Jacobs Engineering Group, Inc. 2004 - 2016
Project Manager
Technip USA, Claremont, CA 2001 2004
Project Manager
Kensington Laboratories, Inc., Richmond, CA 1996 2001 Director of Projects
EagleCon, INC., Oakley, CA, C.C.L. 562285 1986 1996
General Contractor [Owner]
Peter Kiewit & Sons, Inc., Alameda, CA 1983 1986
Field Superintendent: Offshore Oil Well Pumping Module Construction Chances “R” Oil Field Service, Wamsutter, WY 19811983
Operated Winch Truck and performed gas well service duties University of Utah, Salt Lake City, UT 1981
Research Assistant, Rock Mechanics Program.

Assisted in finiteelement analysis of underground mine openings.

Concurrent with Education:

Black Gold Well Service, Casper, WY 19791981
Floor hand on drilling and well completion rigs
Kaiser Steel Corp., Sunnyside, UT 1979
Coal miner on underground longwall panel
Kaiser Cement and Gypsum, Permanente, CA 1978
Mining Engineering Aide. Performed Engineering duties in openpit limestone mine

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Staff Report
Date: August 8, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Mark Bustillos, Chief of Police
Prepared by: Sam Staten, Police Lieutenant
[email protected]
(925) 603-5865
Subject: Considering adoption of a Resolution accepting and appropriating grant funding from the Board of State and Community Corrections (BSCC) in the amount of
$93,376.99 for the Officer Wellness and Mental Health
Grant Program.

CEQA: Not a project/exempt under Public Resources
Code Section 21065, CEQA Guidelines Sections
15060(c), 15061(b)(3), 15273, and/or 15378.

Report in Brief
Assembly Bill 178 was passed in 2022, which authorized the State of California, through the Board of State and Community Corrections (BSCC), to allocate fifty million dollars to law enforcement agencies for Officer Wellness Programs. The funds were distributed to local agencies based on the number of sworn law enforcement officers the agency employs. The Concord Police Department was awarded $93,376.99. The purpose of the Officer Wellness and Mental Health Grant Program is to improve officer wellness and expand mental health resources to officers. The BSCC will administer the funds allocated for the Officer Wellness and Mental Health Grant Program.

The grant period is from July 1, 2022, to December 1, 2025 and all grant funds must be expended by the recipient within the grant period.

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City Council Agenda Report
Agenda Item No. 5.f
August 8, 2023
Recommended Action
Adopt a Resolution accepting and appropriating grant funding from the Board of State and Community Corrections (BSCC) in the amount of $93,376.99 for the Officer Wellness and Mental Health Grant Program.

Background
The Officer Wellness and Mental Health Grant Program, established in the 2022 Budget Act (Assembly Bill 178, Chapter 45, Statutes of 2022), provides $50 million for city and county law enforcement agencies for the purpose of improving officer wellness and expanding mental health sources. The Officer Wellness and Mental Health grant funding is limited to agencies employing officers described in Penal Code section 830.1. “Officer wellness” means the consideration of the physical, emotional, or mental condition or wellbeing of an officer. Officer wellness programs are services or programs that are intended to support or improve the physical, emotional, mental condition or wellbeing of an officer.

In late 2022, Police Chiefs and Sheriffs of each agency were notified by the BSCC Chair, Linda Penner, of the grant award. The notification also included the grant criteria and a funding distribution list. The link to the BSCC’s Officer Wellness Grant Program webpage (https://www.bscc.ca.gov/officer-wellness-and-mental-health-grant-program/) was also provided.

Analysis
There are 394 agencies receiving funds from this grant program. All eligible law enforcement agencies will receive a portion of the funds based on the number of eligible officers. Per the statute, the funding may be used for any of the following purposes:
 Establishing or expanding officer wellness units;
 Establishing or expanding peer support units;
 Services provided by a licensed mental health professional, counselor or other professional that works with law enforcement;
 Expanding multiagency mutual aid programs focused on officer wellness and mental health; and/or
 Other programs and services that are evidence-based or have a successful track record of enhancing officer wellness.

The five allowable uses are broad in nature and the grant sanctions the grantee to determine how to utilize the funds to best meet the needs of the peace officers within the respective agency.

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City Council Agenda Report
Agenda Item No. 5.f
August 8, 2023
expanding officer wellness or peer support units or for expanding multiagency mutual aid programs focused on officer wellness and mental health. The Police Department may also use these grant funds for staffing costs for the purpose of establishing or expanding an officer wellness and/or a peer support unit.

Environmental Determination
This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), 15273, and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

Financial Impact
No matching funds are required to accept and appropriate these grant funds. Based on award date, grant funds will be appropriated to Fiscal Year 2022/2023.

Public Contact
The City Council Agenda was posted.

Attachment

1. Resolution accepting and appropriating Grant Funding from the Board of State and Community Corrections (BSCC) in the amount of $93,376.99 for the Officer Wellness and Mental Health Grant Program

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Res. No. 23-XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Accepting and Appropriating Grant
Funding from the Board of State and Community
Corrections (BSCC) in the Amount of $93,376.99 for the
Officer Wellness and Mental Health Grant
Program
Resolution No. 23-XX
/
WHEREAS, the Board of State and Community Corrections (BSCC) approved grant funds to the Concord Police Department in the amount of $93,376.99 as part of the Officer Wellness and Mental Health Grant Program; and
WHEREAS, the funds will be used for improving officer wellness and expanding mental health resources for officers in the City of Concord during the period of July 1, 2022 to December 1, 2025; and
WHEREAS, the Chief of Police has recommended acceptance of the Officer Wellness and Mental Health grant in the amount of $93,376.99 for the Concord Police Department.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. This item is exempt from California Environmental Quality Act (CEQA) as it does not constitute a "project" within the meaning of Public Resources Code Section 21065, CEQA Guidelines Section 15060(c)(2), and/or 15378 including subsection (b)(4). If this were determined to be a “project” for CEQA analysis, this activity falls within the "Common Sense" CEQA exemption set forth in CEQA Guidelines Section 15061(b)(3). No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply.

Section 2. Accepts grant funds in the amount of $93,376.99.

Section 3. Authorize the appropriation and use of these funds, in accordance with grant requirements, for expenditure on the Officer Wellness and Mental Health Program thereby amending the Police Department’s Operating Budget for Fiscal Year 2023-2026.

Section 4. This Resolution shall become effective immediately upon its passage and adoption. //
Attachment 1

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Res. No. 23-XX 2
PASSED AND ADOPTED by the City Council of the City of Concord on August 8, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing Resolution No. 23-XX was duly and regularly adopted at a regular meeting of the City Council of the City of Concord on August 8, 2023.

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney

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This e-mail is being shared with all Councilmembers

Councilmember Obringer,

Thanks for sending in your question.

Here is what the Department described in the staff report:

The Police Department will utilize the grant as it is intended, for officer wellness and/or peer support programs or services that deal with physical, emotional, and/or mental health. Other uses of funds may include training if the training is for establishing or expanding officer wellness or peer support units or for expanding multiagency mutual aid programs focused on officer wellness and mental health. The Police Department may also use these grant funds for staffing costs for the purpose of establishing or expanding an officer wellness and/or a peer support unit.

In checking in today to see if the Chief had more specifics at this time, he shared the following:

The funds will support the following activities:
• Funding of our peer support program, including raining costs for our peer support and wellness officers (there are POST training classes and in-service training/seminars we send staff to)
• Refurbishing the bunk/cot room at the PD

Valerie

Valerie Barone, City Manager
City of Concord | Website: www.cityofconcord.org
 (925) 671-3150 |  [email protected]
1950 Parkside Drive, MS/01, Concord, CA 94519

Agenda Item No. 5.f
Benched Correspondence
August 8, 2023

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From: Obringer, Carlyn <[email protected]> Sent: Sunday, August 6, 2023 1:19 PM
To: Barone, Valerie <[email protected]>
Subject: Question about 5f

Hi Valerie,
Does the Chief have a specific program that he plans to implement with these funds?

Best Regards,
Carlyn

Carlyn Obringer
Councilmember, District 2
City of Concord
925-324-9595

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Staff Report
Date: August 8, 2023
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Prepared by: Ryan Pursley, Chief Building Official
[email protected]
(925) 671-3173
Subject: Considering approval of two separate Professional Services Agreements, each in the not-to-exceed amount of $100,000 per year, each for a five-year term, with SyTech Solutions and Hines EDM for permit records imaging services, and
authorizing the City Manager to execute the agreements in a form acceptable to the City Attorney. (General Fund)
CEQA: Not a project/exempt pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c),
15061(b)(3), and/or 15378.

Report in Brief
The City of Concord (City) previously utilized an Agreement for Professional Services with Hines EDM (Hines) to provide Permit Records Imaging services for the Building Division (Building), to convert hard copy records of building permits to electronic copies.

The previous Agreement for Professional Services with Hines expired on June 30, 2022. In order to complete imaging the hard copies of previously issued building permit records, the City needs to execute the proposed new agreements. The proposed two new agreements, with Hines and SyTech Solutions (SyTech), would each have a term extending through fiscal year 2027-28 (5-years) and would each have a not to exceed limit of $100,000 per year. The contract amounts are maximums and not guaranteed expenditure amounts; use of the contractors depends upon number of documents prepared by staff for imaging and actual expenditures each year are controlled by the adopted budgets. Both firms were identified and selected through a Request for Proposal (RFP) process.

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City Council Agenda Report
Agenda Item No. 5.g
August 8, 2023
Recommended Action
Approve two separate Agreements for Professional Services, each with a maximum allowable compensation of $100,000 per year, each with a five-year term, with SyTech Solutions and Hines EDM for Permit Records Imaging services; and authorize the City Manager to execute the agreements in a form acceptable to the City Attorney.

Background
The City is required by law to maintain a record copy of all building permit documents.

In the past these were stored as physical paper documents. In 2014, Building began a project to convert all its physical hard copies of permit record documents into electronic format in order to eliminate the need for storage space, improve the durability of the records, and provide easier viewing access for customers and staff. New permits are submitted electronically, so conversion is not required. This conversion process requires scanning all permits, drawings, calculations, and any other permit documents, creating a database of record information associated with each of the documents, and uploading them into a record storage management system. This work has been performed by the consultant Hines since the onset of the project in 2014.

Hines currently stores hard copy records they have already imaged for the City and has additional permit documents in their possession pending imaging. They are not able to destroy any of the hard copies of the imaged documents until the images have been uploaded by the City into a trusted electronic document storage system and the City issues an authorization to destroy the documents. The City is still in the process of implementing its trusted electronic storage system, so the hard copies need to continue to be retained until that is complete. A new contract with Hines needs to be approved in order to complete imaging of the records they already possess and pay for ongoing storage fees of hard copy documents until they can be destroyed. Because there is still a large number of older physical records to convert to electronic records, staff also selected SyTech to image building permit record documents that are prepared by staff and sent out for imaging. SyTech’s work will be focused on imaging the hard copy building permit records that still remain at City facilities. Hines work will be to complete the imaging of records already sent to them.

The City stopped accepting paper documents in May of 2020; once all the previously issued paper building permit records are imaged, there will not be an ongoing need for imaging, but it is anticipated that the project will take an extended period to complete due to limited staff availability to prepare documents for the consultants to image.

Analysis
As stated previously in this report, the contract amount is not a guarantee of any work awarded to any of the consultants; it is only a maximum level of compensation for the contracts. The total cost of work assigned to the consultants is limited and controlled by the City Council (Council) approved expenditure budget and its associated purchase order levels. Council’s approved budget for fiscal year 2023-24 and 2024-25 allocates

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City Council Agenda Report
Agenda Item No. 5.g
August 8, 2023
$100,000 for consultant document imaging services, so staff expenditures will remain at or below this funding level for this fiscal year and next. Staff monitors total invoices on a monthly basis, to ensure the consultant services remain within budget limitations.

The amount of imaging performed each year will vary based on staff availability to prepare documents for imaging and the approved imaging budget; staff estimates it may take up to five years to complete the project. Providing contracts with five year terms allows the flexibility needed to complete the project without having to go through another RFP process, potentially start a new process with new consultants and create new contracts. While it is not expected that $100,000 worth of imaging will be performed each of the five years, the contract limits are set at $100,000 because that amount may be needed any given year of the five year term.

Procurement Process
On June 2, 2022, the City issued RFP No. 2477 for Building Permit Record Imaging services. Two proposals were submitted, which were reviewed and ranked by the City’s selection panel. Based on the cumulative scoring, SyTech was ranked the highest while Hines received a passing score, both of which were selected to provide building permit record imaging services to the City; SyTech to handle imaging the physical documents staff has not already packaged and sent to Hines and Hines to complete imaging documents already in their possession and to maintain the physical copies of already imaged documents until they receive authorization for the documents destruction because the electronic images have been placed into a trusted system.

Financial Impact
None. All allowable compensation associated with these Agreements for Professional Services is fully funded by dedicated revenue from previously collected document imaging fees and is limited and controlled by the Council approved budget.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, this activity/award of this contract for design professional services is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, as it does not constitute a “project,” does not constitute discretionary approval of a specific project, and will not result in a direct or reasonably foreseeable indirect physical change in the environment, and in the alternative is exempt from CEQA as it falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist and none of the exceptions under CEQA Guidelines Section 15300.2 apply. This determination reflects the City’s independent judgment and analysis. Individual projects will undergo CEQA analysis as necessary.

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City Council Agenda Report
Agenda Item No. 5.g
August 8, 2023
Public Contact
The City Council Agenda was posted.

Attachments

1. Agreement for Professional Services with SyTech Solutions, with Exhibit A – Scope of Services and Fees

2. Agreement for Professional Services with Hines EDM, with Exhibit A – Scope of Services and Fees

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AGREEMENT FOR PROFESSIONAL SERVICES
05/02/2019
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2023 between the City of Concord ("CITY") and SyTech Solutions, a California corporation, located at 8930 Big Horn Blvd, Elk Grove, California 95758 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2023 and expire on June 30, 2028.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY's Authorized Representative, CONSULTANT shall perform the services described in detail in Exhibit A, Scope of Services. CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT. The compensation to be paid to CONSULTANT including payment for professional services and reimbursable expenses, shall be at the rate and schedules in detail in Exhibit A. However, shall in no event shall the amount CITY pays CONSULTANT exceed one hundred thousand dollars ($100,000) per fiscal year for the term of this Agreement. Any Amendment to this Agreement that includes an increase to this compensation amount shall be made in accordance with Section 5 below.

CONSULTANT may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONSULTANT for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent Attachment 1

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CITY and CONSULTANT in all matters pertaining to the services to be ordered by CITY or rendered by CONSULTANT under this Agreement except where approval for the CITY is specifically required by the City Council. The CITY’s authorized representative is Ryan Pursley, Chief Building Official of the Community Development Department. The CONSULTANT’s authorized representative is Jon Pritt, Vice President.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended in writing, subject to approval by both parties. If additional services are requested by CITY other than as described in the above Scope of Services, this Agreement may be amended, modified, or changed by the parties subject to mutual consent and in accordance with the CITY’s Municipal Code by execution of an Amendment by authorized representatives of both parties setting forth the additional scope of services to be performed, the performance time schedule, and the compensation for such services.

A. Amendment for Additional Compensation. CITY’s Authorized Representative is authorized to execute amendments to the Agreement on behalf of CITY, including amendments providing for additional compensation to CONSULTANT not to exceed the Minimum Threshold, including the base contract amount, throughout the term of this Agreement. “Minimum Threshold” means the dollar amount over which Council approval is required during each fiscal year as set forth in Concord City Council Resolution 21-43 pursuant to Concord Municipal Code Section 3.10.040(a).

The Minimum Threshold for Fiscal Year 2023-24 is $85,000 and increases by $5,000 each subsequent fiscal year such that by Fiscal Year 2026-27 the Minimum Threshold is $100,000. Any additional compensation to CONSULTANT that is $50,000 or more for the fiscal year, including the base contract amount, must be approved by City Council.

Consultant’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Work shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONSULTANT, its agents, employers and subcontractors are and shall at all times remain as to the CITY wholly independent contractors. Neither the CITY nor any of its officers or employees shall have

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any control over the manner by which the CONSULTANT performs this Agreement and shall only dictate the results of the performance. CONSULTANT shall not represent that CONSULTANT or its agents, employees or subcontractors are agents or employees of the CITY, and CONSULTANT shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONSULTANT shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by CONSULTANT shall be employees or subcontractors of CONSULTANT and shall not be construed as employees or agents of the CITY in any respect. CONSULTANT shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non- standard business hours, such as in the evenings or on weekends. CONSULTANT shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONSULTANT shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONSULTANT shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONSULTANT.

7. STANDARD OF PERFORMANCE. CONSULTANT represents and warrants to CITY that CONSULTANT is skilled and able to provide such services described in the Scope of Work and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONSULTANT further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

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Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than the CONSULTANT. CONSULTANT hereby designates the CONSULTANT’S representative as the person primarily responsible for the day-to-day performance of CONSULTANT'S work under this Agreement. CONSULTANT shall not change the CONSULTANT’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONSULTANT'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by the CONSULTANT under the Agreement shall be vested in the CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to the CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above-described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement, unless required by law.

10. INDEMNIFICATION. CONSULTANT agrees to defend, indemnify and hold harmless the CITY, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other litigation expenses) arising out of the CONSULTANT’s performance under the terms of this Agreement. This indemnification obligation on CONSULTANT’S part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole negligence or willful misconduct on the part of CITY.

11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage. CONSULTANT shall maintain

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commercial general liability insurance with limits of no less than one million dollars ($1,000,000) combined single limit per occurrence or two million dollars ($2,000,000) aggregate limit for bodily injury, personal injury, and property damage.

B. Automobile Liability Coverage. CONSULTANT shall maintain automobile liability insurance covering all vehicles used in the performance of this Agreement providing a one million dollar ($1,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage.

C. Professional Liability Coverage (Errors and Omissions). CONSULTANT shall maintain professional liability insurance with coverage for all negligent errors, acts or omissions committed by CONSULTANT, its agents and employees in the performance of this Agreement. The amount of this insurance shall be not less than one million dollars ($1,000,000) on a claims made annual aggregate basis or a combined single limit per occurrence basis.

D. Compliance with State Workers' Compensation Requirements.

CONSULTANT covenants that it will insure itself against liability for Workers' Compensation pursuant to the provisions of California Labor Code §3700, et seq. CONSULTANT shall, at all times, upon demand of the City, furnish proof that Workers' Compensation Insurance is being maintained by it in force and effect in accordance with the California Labor Code. The insurer shall also agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by CONSULTANT for CITY. This provision shall not apply upon written verification by CONSULTANT that CONSULTANT has no employees.

E. Other Insurance Provisions. The policies are to contain, or be endorsed to contain the following provisions:
(1) Additional Insured. CITY, its officers, agents, employees, and volunteers are to be covered as an additional insured as respects: Liability arising out of activities performed by or on behalf of CONSULTANT and operations of CONSULTANT, premises owned, occupied, or used by CONSULTANT. The coverage shall contain no special limitations on the scope or protection afforded to CITY, its officers, officials, employees, or volunteers.

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Except for worker's compensation and professional liability insurance, the policies mentioned in this subsection shall name CITY as an additional insured and provide for notice of cancellation to CITY. CONSULTANT shall also provide timely and prompt notice to CITY if CONSULTANT receives any notice of cancellation or nonrenewal from its insurer. (2) Primary Coverage. CONSULTANT'S insurance coverage shall be primary insurance with respect to CITY, its officers, officials, employees, and volunteers. Any insurance, risk pooling arrangement, or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be in excess of CONSULTANT'S insurance and shall not contribute with it.
(3) Reporting Provisions. Any failure to comply with the reporting provisions of the policy shall not affect the coverage provided to the CITY, its officers, officials, employees, or volunteers.
(4) Verification of Coverage. CONSULTANT shall furnish CITY with certificates of insurance and the original endorsements effecting coverage required by this Agreement.

The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The aforementioned policies shall be issued by an insurance carrier having a rating of Best A-7 or better which is satisfactory to the City Attorney and shall be delivered to CITY at the time of the execution of this Agreement or before work commences. Such policies and certificates shall be in a form approved by the City Attorney. CITY reserves the right to require complete certified copies of all required insurance policies at any time.

12. TIME OF PERFORMANCE. The time of performance of the services under this Agreement is of the essence, and all time deadlines identified in this Agreement or Scope of Services shall be strictly construed.

13. SUSPENSION OF WORK. CITY may, at any time, by ten (10) days’ written notice, suspend further performance by CONSULTANT. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner, and CONSULTANT shall be paid for services performed and reimbursable expenses incurred prior to the suspension date. During the period of

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suspension, CONSULTANT shall not receive any payment for services, or expenses, except for reasonable administration expenses, incurred by CONSULTANT by reason of such suspension.

14. TERMINATION. CITY may terminate this Agreement for any reason upon ten (10) days written notice to the other party. CITY may terminate the Agreement upon five (5) days written notice if CONSULTANT breaches this Agreement. In the event of any termination, CONSULTANT shall promptly deliver to the CITY any and all finished and unfinished reports or other written, recorded, photographic, or visual materials, documents, data, and other deliverables (“Work Materials”) prepared for the CITY prior to the effective date of such termination, all of which shall become CITY’s sole property. After receipt of the Work Materials, CITY will pay CONSULTANT for the services performed as of the effective date of the termination.

15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, CONSULTANT shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment. In all solicitation, either by competitive bidding or negotiations, made by CONSULTANT for work to be performed under a subcontract including procurement of materials or leases of equipment, each potential subcontractor, supplier or lessor shall be notified by CONSULTANT of CONSULTANT’S obligation under this Agreement and the regulations relative to nondiscrimination on the grounds of race, religion, color, sex, or national origin..

16. CONFLICT OF INTEREST.

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A. CONSULTANT covenants and represents that neither it, nor any officer or principal of its firm, has, or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of CITY or which would in any way hinder CONSULTANT’s performance of services under this Agreement. CONSULTANT further covenants that in the performance of the Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the CITY. CONSULTANT agrees to at all times avoid conflicts of interest, or the appearance of any conflicts of interest, with the interests of the CITY in the performance of this Agreement.

B. CONSULTANT is not a designated employee within the meaning of the Political Reform Act because CONSULTANT:
(1) Will conduct research and arrive at conclusions with respect to its rendition of information, advice, recommendation or counsel independent of the control and direction of the CITY or of any CITY official, other than normal contract monitoring; and (2) Possesses no authority with respect to any CITY decision beyond the rendition of information, advice, recommendation or counsel. (2 Cal. Code Regs. § 18700(a)(2).)

17. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable Federal, State of California, and local laws, rules, and regulations and shall obtain all applicable licenses, including a business license with the City of Concord, and permits for the conduct of its business and the performance of the services.

18. CHOICE OF LAW. This Agreement shall be construed and interpreted in accordance with the laws of the State of California, excluding any choice of law rules which may direct the application of the laws of another jurisdiction. In the event that suit shall be brought by either party hereunder, the parties agree that trial of such action shall be held exclusively in a state court in the County of Contra Costa, California.

19. NON-WAIVER. The waiver by either party of any breach of any term, covenant, or condition contained in the Agreement, or any default in their performance of any obligations under the Agreement shall not be deemed to be a waiver of any other breach or default of the same or any other

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term, covenant, condition, or obligation, nor shall any waiver of any incident of breach of default constitute a continuing waiver of same.

20. ENFORCEABILITY; INTERPRETATION. In the event that any of the provisions or portions of application of any of the provisions of the Agreement are held to be illegal or invalid by a court of competent jurisdiction, CITY and CONSULTANT shall negotiate an equitable adjustment in the provisions of the Agreement with a view toward affecting the purpose of the Agreement. The illegality or invalidity of any of the provisions or portions of application of any of the provisions of the Agreement shall not affect the legality or enforceability of the remaining provisions or portions of application of any of the provisions of the Agreement. This Agreement shall be interpreted as though it was a product of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted.

21. INTEGRATION. All exhibits identified in this Agreement are attached hereto and incorporated herein by reference. The Agreement contains the entire agreement and understanding between the parties as to the subject matter of this Agreement. It merges and supersedes all prior or contemporaneous agreements, commitments, representation, writings, and discussions between CONSULTANT and CITY, whether oral or written.

22. SUCCESSORS AND ASSIGNS: NO THIRD PARTY BENEFICIARIES; NO JOINT VENTURE. CITY and CONSULTANT respectively, bind themselves, their successors, assigns, and legal representatives to the terms and obligations of this Agreement. CONSULTANT shall not assign or transfer any interest in the Agreement without the CITY's prior written consent, which consent shall be in the CITY’s sole discretion. Any attempted assignment or transfer in breach of this provision shall be void. This Agreement is not intended and shall not be construed to create any third party benefit. This Agreement is not intended and shall not be construed to create a joint venture or partnership between the parties. CONSULTANT, its officers, employees and agents shall not have any power to bind or commit the CITY to any decision.

23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a

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generally recognized accounting basis and made available to CITY if and when required.

24. NOTICES. All notices required hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery to the CITY's address as shown below, or such other places as CITY or CONSULTANT may, from time to time, respectively, designate in a written notice given to the other. Notice shall be deemed received three (3) days after the date of the mailing thereof or upon personal delivery.

To CITY: Ryan Pursley, Chief Building Official
Community and Economic Development Department
City of Concord
1950 Parkside Drive MS/51
Concord, CA 94519-2578
Phone: (925) 866-2633
Email: [email protected]
To CONSULTANT: Jon Pritt, Vice President
SyTech Solutions
8930 Big Horn Blvd.

Elk Grove, California 95758
Phone: (916) 381-3010
Email: [email protected]

25. NON-LIABILITY. No member of the CITY and no other officer, employee or agent of the CITY shall be personally liable to CONSULTANT or otherwise in the event of any default or breach of the CITY, or for any amount which may become due to CONSULTANT or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement.

26. EXECUTION . Each individual or entity executing this Agreement on behalf of Applicant represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of Applicant and that such execution is binding upon Applicant.

This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart.

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IN WITNESS WHEREOF, the parties have executed this Agreement in one (1) or more copies as of the date and year first written above.

CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Jon Pritt Name: Valerie J. Barone
Title: Vice President Title City Manager
Address: 8930 Big Horn Blvd Address: 1950 Parkside Drive Elf Grove, CA 95758 Concord, CA 94519
Telephone: (916) 381-3010 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING FISCAL YEARS 2023/24 AND 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $100,000. Account Code 100-8600-1Z01-63800-75.

Finance Director's Signature

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SCOPE OF SERVICES

The City is seeking a qualified vendor to provide imaging services for permit records that include a large volume of plans, calculations , and administrative documents. Permit records are stored a t the City of Concord Permit Center. Services include transporting boxes, scanning and digitizing files based upon the specifications identified in the RFP, indexing digitized files and electronic transfer of the City’s images and cataloged data. The project will span 4 years with an option to renew for an additional year.

This section describes how SyTech will achieve both the desired service outcomes, as well as the larger project objectives as described in the RFP. SyTech’s rare combination of project management and legal and technical expertise align specifically with t he needs defined in the RFP. SyTech is the company of choice to manage California public conversion and records management projects. No other company can offer the same breadth and depth of required experience.

SyTech staff manages hundreds of millions of records for various organizations. Our client base includes over 200 active clients from State Agencies , Counties, Cities, and School Districts within the State of California. Our services include document conversion of paper, including large format drawings; design and implementation of document management systems; portal solutions; consulting services; and the destruction of documents. SyTech’s core strength is helping agencies digitize records and implement sound records management processes. We currently scan over 3 million images per month. We deliver the best solutions by applying the right technical knowledge to perform at the highest possible level. This outstanding quality is noticeable on a daily basis through our clients’ ability to access their own data accurately and reliably.

Our staff has managed, processed, and completed hundreds of similar projects for government agencies across the state of California. They have extensive technical training, which includes Certified Document Imagining Architect (CDIA) Certification, A+ Certification, Kofax Certification, network S+ Certification, and multiple levels of application training. SyTech Solutions is the only company in the industry that provides extensive and broad technical training at the production staff level. Our insistence on technical competence improves the conversion quality and turn-around time that we offer. In addition, SyTech staff adheres to strict confidentiality standards. All of SyTech’s employees have executed confidentiali ty agreements that protect the documents of third parties.

Imaging Capabilities and Quality

Kofax VirtualReScan (VRS)

Critical to SyTech’s success is the use of the best technology to ensure accurate image quality and data capture. SyTech uses Kofax Ascent VRS software, the industry’s leading production -level software to ensure that the best possible image is captured from the original record. Kofax is used by over 75% of all financial institutions because of its unparalleled accuracy. Kofax VRS is designed to support document and data capture as well as high-end production scanning. It boasts the fastest and most flexible scanning and image enhancement solution. Utilizing this software and high -speed scanners, SyTech can efficiently process large numbers of documents and capture barcode forms with high throughput. SyTech’s system

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features a resilient and robust architecture based on the best technology.

SyTech tracks each “batch”, typically a banker’s box of records, through the entire conversion process. It monitors the documents from the initial document pickup and scan to the optical release of the final image. Batches are routed through processing queues which can be altered depending on the conditions of the batch.

Additionally, Kofax VirtualReScan (VRS) technology provides another level of quality control. It acts as an intelligent monitoring agent and checks image quality as records are scanned. Unacceptable images are flagged and sent to the Quality Control module for virtual rescan without interrupting the scanning process. VRS automatically recovers and restores images from common scanning problems tha t adversely affect quality, such as scanner mis -feeds and paper jams. It also automatically enhances lighter images so that they are easier to read. The advanced clarity feature reduces file size while maximizing scan time. It is able to eliminate visual noise and allow for greater document integrity.

VRS employs image clean -up algorithms that carefully remove speckles and shading, while retaining important data. This will greatly enhance older standard size images. SyTech has observed that this capability is especially important with public agencies who have a lot of historical documents and artifacts.

The following image shows the use of VRS to enhance an otherwise illegible document.

Original

Without VRS With VRS

Further, VRS helps optimize storage space and speeds network transmittal of scanned images. This will be especially important to large organizations like the City as they attempt to streamline storage and performance within their electronic document management system OnBase. VRS typically reduces the

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file size of the image by 30%, allowing for greater network storage capacity and less network traffic.

SyTech has the capability of scanning documents in black & white, gr ayscale, or color from 200 DPI up to 600 DPI. Typically, we recommend scanning records at 200 DPI in order to reduce file size.

Scanning Process

SyTech’s production team follows a proven process for conversion projects. Following is an outline of our proposed conversion process for the City’s records:

I. Project Specifications and Pickup – Our Project Manager reviews the project specifications as outlined in this proposal with the City staff. This ensures correct project setup and that the resulting images and indexes will meet the City’s project standards.

A schedule will be established for box pick -up and project completion. SyTech’s employees will provide pickup and transportation of the documents to our secure production facility in Elk Grov e. They will provide a pick -up/delivery form that will be signed by both a City representative and a SyTech representative. The form will detail the number of boxes transported, the document type(s), and the date. Upon arrival, each box of documents, or

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“batch”, will be given a lab el that tracks the customer, pickup, document type, and box number: for example, CONC.0001.0103_11. This standardizes an electronic workflow process that organizes, groups, and tracks each set of records through the various steps of the process.

The boxes will be stored in our secure, climate -controlled facility throughout the conversion process.

II. Document Preparation – City staff will provide document preparation. Should the need arise, SyTech staff is trained and available to prepare documents for scanning. This includes removing staples, fixing torn pages , and otherwise preparing the documents for scanning.

Canary Bar-coded separator sheets are inserted between documents, along with handwritten index sheets if required. The tracking label on each batch of documents must be signed off at each stage of the conversion process (prep, scan, restore) by not only the individual prepper, but also by his/her quality control supervisor.

III. Document Scan – The prepped batches of documents are scanned into the pre-defined batch classes. SyTech can capture the records at 200 DPI in black and white or color, depending on project specifications. Each image is visually inspected as records are scanned. The total image count is automatically generated. Images are scanned in duplex (double-sided sheets, constituting two images) and blank pages are automatically removed electronically.

Documents are scanned in the same order as provided. The images undergo quality control scrutiny, and any rejected images are rescanned.

IV. Recognition Server/Image Enhancement – During this stage of the conversion process, automatic Kofax tools enhance any poor- quality images. Using dithering and other technology, it despeckles, deskews, and deshades the images. This provides the City with the best image quality output available.

V. Indexing & Verification – The images are indexed by department specifications. This will include year, batch, and slip sheet number. Typically, this information is manually keyed from the documents or index sheets and can be double -key verified to ensure greater accuracy.

Double-key verification is performed by two different index operators as an ad ded quality control measure. This process is completed by the following actions: The first operator keys in the index information; a second operator then keys in the information. If the second entry does not match the first, a visible warning is displayed on the screen for further verification.

The second operator the n determines the correct value and enters the information. Should the index information be available via the barcoded separator sheets or via a database provided by the City, SyTech will capture the information as specified and/or link with the provided data.

VI. Release – Final images are released to optical storage as PDFs in the same order they were provided. The resulting files are copied to an encrypted drive (or other spe cified transfer media) for delivery to the City. SyTech can provide the index database file in Microsoft Access.

VII. Storage – SyTech will provide storage and destruction of records as requested. Should the City request for return of the records, the records will remain in their original order, but not restapled. SyTech’s couriers will provide transportation of the documents. They will provide a pick -up/delivery form that will be signed by both a City representative and a SyTech

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representative. The form will detail the number of boxes transported, the document type(s), and the date. For any re cords that need to be destroyed, SyTech will obtain a signed authorization from the City prior to any destruction services.

VIII. Document Requests - SyTech manages records for hundreds of clients and is uniquely set up to handle on-going and urgent document requests in an expedited manner while in custody of the City records. SyTech will provide storage of boxed documents throughout the conversion process. During that time, SyTech will satisfy any document requests. Since we constantly respond to customer document requests, trained staff is already in place to handle City project requests. Copies of documents can be provided via email or overnight delivery to authorized parties requesting records in our possession within 2 business days. To ensure document requests are from the City, a list of specific employees authorized to make requests will be required. Also, any requests via email must originate from the City’s email domain.

SyTech will provide an email address for submission of requests via email.

Varying Paper Size and Large Format Drawings

Different sized documents are correctly handled using our sophisticated production process. We have designed internal controls to address page size variations. In most cases, addressing different page sizes is part of the routine document preparation and scanning process. At the document preparation level, our highly trained staff ensures that the pages are arranged properly so that they can be processed using the automatic page detection software at the scan phase. As part of our set-up, we create separate patch codes and barcodes to handle page -size variances in an automated fashion, thereby increasing productivity and reducing the potential for error. This allows oversize r ecords scanned with our large format scanners to be integrated and merged with letter and legal size records scanned at our regular format scanners. Our proven ability to process records this way is critical for projects with varying paper sizes, including large format drawings.

Document Imaging QA/QC Processes

Accuracy is always our number one goal and quality control steps are tightly integrated into our process.

As previously discussed, Kofax software has several built-in quality control processes. In addition, SyTech production staff is carefully trained to monitor batches, images, and project outcomes. SyTech will provide the City with a trusted system, which certifies that electronic stored information is an authentic copy of the original documents. Below is a description of the quality control steps SyTech utilizes during our conversion process:

I. Process Check-In/Document Verification. SyTech’s internal tracking system tracks the project and verifies every step of the production process. It allows the authorized Project Manager or Technical Director to view and verify the ongoing progress of conversion work. The City may contact us at any time to check on the progress of their project.

II. Document Preparation Inspection. If SyTech is required to do any document preparation, a supervisor will inspect each box to ensure accuracy and proper preparation of documents. The scanning operator checks preparation accuracy a second time before the conversion process

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begins. While SyTech’s attention to preparation detail may seem strange, preparation is a common level for error and loss of data if not carefully performed.

III. Scanning/Image Inspection. There are important quality control steps to ensure scanned images are accurately captured. First, the operator visually inspects the images as they are scanned to ensure the highest image quality. Second, our scanner hardware notifies the operator every time there is a double-feed.

IV. Electronic Quality Control Rescan. As a final processing step, Kofax software controls systematically ensure that all scanned images are readable. Poor quality images are electronically tagged for rescan. A note field allows the operator to associate notes with the image stating the reason for rejection and outlining any processes for correction.

V. Recognition Inspection. An additional SyTech step, Recognitio n Inspection, enhances image quality and creates automatically grouped documents. Here, software processes recognize separator barcodes (or patch codes) to automate document separation. In addition, image cleanup is performed, which includes checking for clarity, legibility, quality, cut -offs or file type compression errors. Manual image quality adjustments are made as necessary. This step produces images of the highest possible quality.

VI. Final Audit. After the images are released, technical staff performs an audit. This involves two steps. First, a technical supervisor reviews the index and image files to audit for accuracy. Second, a quality control supervisor performs an inspection of the imaged files against the original documents. In addition, the supervisor certifies that the project meets the material specifications of the project requirements.

In short, SyTech’s conversion services involve a complex flow of processes and quality control steps. No other company provides the same level of qua lity control and data validation. Combined with the utilization of leading software and accurate scanning equipment, this unsurpassed quality assurance process makes our production system highly efficient and precise. SyTech will efficiently and accurately handle the City’s conversion project.

DOCUMENT SECURITY MEASURES

Chain of Custody

SyTech views its role when performing scanning services for our public clients as that of a “Custodian of Records.” While often overlooked by our competition, SyTech understands legal custodian of record issues: chain of custody, civil procedure, the rules of evidence and data compliance. Two of SyTech founders and principals, Jonathan Pritt, Esquire, and Bryan Golden hold Juris Doctorate degrees. Unlike other document scanning companies, SyTech founders have a unique understanding of legal issues , regulatory compliance, and best practices associated with records management. Consequently, SyTech’s core business culture understands our role to ensure best regulatory and security practices during the City’s scanning processes.

SyTech has extensive experience acting as custodian of records for multiple public and private

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organizations. SyTech will preserve, protect, and safely maintain all City records that are a part of, or result from throughout the life of the contract. This includes best practices to ensure cyber -security.

Throughout the contract, SyTech will transfer records under its custodianship to the City as directed. This will all be done in accordance with RFP security specifications.

Transportation

SyTech uses its own closed, air -conditioned vehicles to transport documents to and from our secure production facility. SyTech drivers have a flawless track record of pickups and deliveries for countless state and local agencies for over 22 years. This is largely due to our internal security and transportation procedures. For security and confidentiality purposes, we utilize our own uniformed employees and will provide the City with a copy of our Doc ument Pickup Form (signed by both the City and SyTech staff) indicating the items that were picked up and removed/returned per event. We have backup drivers in place to ensure that pick -ups are handled at the specified time. In addition, our vehicles are equipped with hidden GPS tracking devices to monitor their location.

SyTech’s Storage Facility

The City’s documents will be stored and processed in a highly secure, stand -alone, gated, environment. SyTech’s 16,000 square foot facility has a camera video surveillance system, controlled key- card access with doors (and throughout secured areas within the building), and an independently monitored robust fire and security protection system. Our facility is monitored 24 hours a day, 365 days a year. In addition, SyTech employs keycard security measures and only SyTech personnel have access to the facility. Any visitors must be pre-approved, provide ID, and sign in at the front desk. They must then be accompanied by an escort at all times during their site visit.

It is significant to note that various agencies of the State of California have inspected our facility and verified our procedures before awarding us high -level sensitive projects. We perform several on -going projects that entail processin g mission-critical and very sensitive records. As a result, we successfully employ high-level security measures and internal processes that met the standards set forth by the State.

Further, we have had inspections by the California Information Security Operator (CA ISO), all resulting in positive validations of our security environment.

Secure Computer File Storage, Handling, and Privacy

SyTech will ensure that the City’s mission-critical records receive the highest possible protection while being processed and stored on our network. SyTech’s processes ensure the security of City records to prevent their damage or destruction and to also ensure their confidentiality. We believe that in doing so, we have identified the greatest threat to the City’s con fidential mission critical records, and the best solution to mitigate that risk. Also, in addition to carrying general and professional liability policies, SyTech also carries an additional $5 million Cyber Liability insurance policy to protect the sensitive data we work with on a daily basis.

Disaster Recovery

SyTech manages 3 distinct Windows Server networks used to store data for redundancy purposes. A custom client replicates data from each network during low bandwidth usage times to the other two

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networks. Our networks maximum synchronization window is 36 hours while sync windows closer to 12 hours are more common. This ensures that all records we scan are backed up quickly.

Following is a summary of SyTech’s security processes and parameters:

Secure
Transport
• Vehicles equipped with hidden GPS tracking devices.
• Drivers are SyTech employees.
• Records are transported in unmarked vehicles.
• Flawless track record of pickups.

Secure Facility
• Stand-alone building not shared with other tenants.
• Key card security prevents access to unauthorized individuals. Visitors must be signed in and accompanied by an employee.
• Independent monitoring of fire and alarm systems.
• Camera video surveillance 24/7 throughout the entire premises. • Comprehensive closing checklist signed off by the swing shift supervisor on nightly basis.

Scanning &
Backup of
Data
• SyTech will utilize leading software and hardware to ensure the best possible image quality of the record is obtained during the scanning process. • All image operator processes logged and tracked by SyTech OPS system. Legal chain of custody established.
• SyTech manages 3 distinct Windows Server networks used to store data for redundancy purposes. A custom client replicates data from each network during low bandwidth usage times to the other two networks. Our networks maximum synchronization window is ~36 hours while sync windows >12 hours are more common.

"Chain-Of-
Custody"
• Chain of Custody managed by Project Manager, Jonathan Pritt a licensed California Attorney.
• Records securely stored and tracked using SyTech’s Inventory Control System.

Employee
Screening &
Best Practice
Training
• SyTech employees have extensive experience working with highly sensitive confidential records. SyTech does not allow access to non-employees beyond the reception area (keycard access).
• SyTech’s employees all undergo background checks.
• SyTech provides continual best practice training to its employees to protect sensitive records it processes for its clients.

Confidentiality
Agreements
• All SyTech employees have executed comprehensive Confidentiality Agreements.

Data
Transmission
• Data copied to encrypted drive.
• Records are encrypted when electronically transmitted and securely formatted for import into various document management systems and other electronic output requirements.

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CITY OF CONCORD – REQUEST FOR PROPOSAL (RFP) # 2477

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PENDIX A

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SUM

MARY SCHEDULE OF- PROFESSIONAL FEES AND EXPENSES

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AGREEMENT FOR PROFESSIONAL SERVICES
05/02/2019
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THIS AGREEMENT ("Agreement") is entered into on July 1, 2023 between the City of Concord ("CITY") and Hines EDM, a California corporation, located at 1380 Lead Hill Blvd., Suite 106, Roseville, California 95661 (“CONSULTANT”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONSULTANT to provide the professional services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on July 1, 2023 and expire on June 30, 2028.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent Attachment 2

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8. PERFORMANCE BY CONSULTANT. CONSULTANT shall not employ other consultants, subconsultants, experts, or contractors without the prior written approval of the CITY.

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11. INSURANCE. CONSULTANT shall, at its own expense, procure and maintain in full force at all times during the term of this Agreement the following insurance:

A. Commercial General Liability Coverage. CONSULTANT shall maintain

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D. Compliance with State Workers' Compensation Requirements.

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15. COMPLIANCE WITH CIVIL RIGHTS. During the performance of this contract, CONSULTANT agrees as follows:

B. Nondiscrimination Civil Rights Act of 1964. CONSULTANT will comply with all federal regulations relative to nondiscrimination in federally assisted programs.

16. CONFLICT OF INTEREST.

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23. FINANCIAL RECORDS. Records of CONSULTANT’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a

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07/03/2023
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generally recognized accounting basis and made available to CITY if and when required.

To CITY: Ryan Pursley, Chief Building Official
Community and Economic Development Department
City of Concord
1950 Parkside Drive MS/51
Concord, CA 94519-2578
Phone: (925) 866-2633
Email: [email protected]
To CONSULTANT: Lonnie Hines, President/CEO
Hines EDM
1380 Lead Hill Blvd., Suite 106
Roseville, California 95661
Phone: (916) 784-8436
Email: [email protected]

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CONSULTANT CITY OF CONCORD, a Municipal
Corporation
By:_________________________________ By:______________________________ Name: Lonnie Hines Name: Valerie J. Barone
Title: President and CEO Title City Manager
Address: 1380 Lead Hill Blvd., Suite 106 Address: 1950 Parkside Drive Roseville, CA 95661 Concord, CA 94519
Telephone: (916) 784-8436 Telephone: (925) 671-3150
Email: [email protected]
APPROVED AS TO FORM: ATTEST:

Susanne Brown Joelle Fockler, MMC
City Attorney City Clerk
FINANCE DIRECTOR'S CERTIFICATION:

Concord, California
Date: _____________________________

I HEREBY CERTIFY THAT ADEQUATE FUNDS EXIST OR WILL BE RECEIVED DURING FISCAL YEARS 2023/24 AND 2024/25 TO PAY THE ANTICIPATED EXPENSES TO BE INCURRED PURSUANT TO THIS CONTRACT.

THE SUM OF $100,000. Account Code 100-8600-1Z01-63800-75.

Finance Director's Signature

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 11 Pricing and Billing
Cost Worksheet
Hines EDM Cost Proposal Form
Document Conversion Sevices (Scanning)
Price per
Unit Unit
a. Document Preparation Services $25.00 Per Hour
b.

Scan and Convert standard sized documents (11" x 17" and smaller) to PDFs @ 200 DPI - Black and White $0.050 Per Image
c.

Scan and Convert standard sized documents (11" x 17" and smaller) to PDFs @ 200 DPI - COLOR $0.050 Per Image
d.

Scan and Convert standard sized documents (11" x 17" and smaller) to PDFs @ 300 DPI - Black and White $0.050 Per Image
e.

Scan and Convert standard sized documents (11" x 17" and smaller) to PDFs @ 300 DPI - COLOR $0.050 Per Image
f. Microfilm Scanning $25.00 Per Roll
g. Microfiche Scanning $0.65 Per Fiche
Searchable Document - OCR (Optical Character Recognition) h. OCR Documents Included Per Image
Large Format Document Conversion Services
i.

Scan and Convert Large Format Documents (larger than 11" x 17") to PDFs @ 200 DPI - Black and White $0.95 Per Image
j.

Scan and Convert Large Format Documents (larger than 11" x 17") to PDFs @ 200 DPI - COLOR $2.25 Per Image
Indexing (Metadata Capturing)
k. Manual Metadata Capture WITHOUT Barcode Sheet recognition $0.25 Per
Document
Scanned File and Metadata Import into City's Laserfiche Document Management System l. Project Management, File import formatting $200.00 Per Hour m. Delivery of digital images per shipment via Hines Secure Cloud No Charge Per
Shipment
Transportation, Inventory and Document Request Services n. Pickup of all boxes and materials from City loacation(s) $200.00 Per Trip o.

Boxing and inventorying of materials from City department Cabinets and Shelves (labor is calculated by employee) $5.00 Per Box

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 12 p.

Document Requests - non critical, returned and delivered digitally within 48 hours $5.00
Per
Request
q. Document Requests - urgent, returned and delivered digitally within 12 hours $5.00 Per
Request
Other Services
r. Special Handling $35.00 Per Hour
s. Destruction of Boxed Records $7.00 Per Box
t. Storage of Boxed Records - Storage fees begin 90 days after delivery $0.55 Per Cubic
Foot
u. Rescanning of documents due to QC issues No Charge
Per
Document

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 13 Work Plan and Project Understanding
Technical Approach
Hines EDM will provide scanning and imaging services with the resulting images being sent to the City of Concord for import into the City’s existing OnBase system. Hines uses a 3rd party tool built to upload images into various document management systems. All images will include the associated metadata in an electronic text data file (e.g. spreadsheet, CSV or text file) formatted for import. Fragile or other type documents that require special handling will be processed in the safest way so as to protect the integrity of the original document and ensure readability in the electronic format.

Hines will pick up boxes of documents and large-format rolled plans from the City’s multiple
departments and locations.
a. Boxes will be boxed, labeled and cataloged by City staff prior to pick up. b. If requested, at an additional charge, Hines staff can box any materials not already boxed. The City will provide boxes and Hines employees will keep a detailed inventory of the materials that are placed in those boxes. c. Hines will acknowledge receipt of each box within a shipment using our standard pick-up/delivery form to be signed by Hines and the City’s rep at time of pick up. d. Any existing damage to materials will be notated on packing slips and acknowledged by Hines and by the City at time of pick up.

Hines will store all materials in a secure facility which is protected by a monitored fire and burglar alarm system and is under 24-hour video surveillance. Our secured facility requires

passcode entry into the building, City materials will also be stored in a secure location on premise accessible only to those employees authorized to work on the project.

Documents will be removed from their containers to be prepared and scanned then returned to their original file folders and containers for storage until returned to the City or destroyed per request. Once the documents are in the possession of Hines, the company assumes responsibility for the security of the documents.

Hines will prepare the documents for scanning by removing the staples and other binding, inspecting, and repairing pages as needed. Items that are smaller than 8 ½ x 11 paper size (i.e. Post-It notes) will be taped using non-reflective tape to an 8 ½ x 11 sheet of paper if required.

Inspection of Images: All images will be checked for quality. Any adjustments that are needed to remove or minimize skews or speckles on image, without affecting image readability, will be made prior to delivery to the City. Hines will ensure that documents are in correct order and of the highest professional quality. The City will be responsible for inspecting the scanned images in a timely manner and will notify Hines within 30 days of any delivery regarding any issue or discrepancy identified. If documents are identified as needing to be rescanned, Hines will rescan the images at no additional cost to the City.

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 14  Hines will adhere to the specified Digital Image Standards set by the RFP. Files will be formatted according to specified file types and resolutions. Documents will be delivered as searchable PDF to the City.
 Images will be compatible with required Laserfiche import specifications.  Documents will be scanned at 200dpi or higher. Hines will work with the City to establish the appropriate DPI for each Task in the project and Hines will scan all images at the agreed upon DPI.

Scanned images that represent poor quality originals will have a disclaimer cover sheet inserted by Hines at time of scanning.
 OCR will be performed on all PDF images before final deliver y.

An index metadata file will be included with each delivery of scanned images and be formatted suitable for import into the City’s existing Laserfiche document management system. Data to be captured in the metadata will be consistent with the agreed upon fields pertaining to each document type in each department. Hines understands this contract is Task driven and each department and Task will require unique and specific metadata fields. Hines will work with the City to establish these fields at the beginning of each Task.

Work Plan & Methodology
The purpose for this section is to demonstrate that Hines EDM fully understands the required service plan, the City’s
objectives, work requirements, and that Hines EDM has the ability to satisfy these requirements. Further, Hines EDM is committed to and will assign the resources necessary to meet the required project schedule.

Hines EDM will provide scanning and imaging services with the resulting images being delivered and formatted for import into City’s internal OnBase system. All images will include the associated metadata in an electronic text data file formatted for import. Fragile or other type documents that require special handling will be processed in the safest way so as to protect the integrity of the original document and ensure readability in the electronic format.


Document Transportation Process
 Records Management (Inventory Control)
 Document Preparation Process
 Document Scanning Process
 Large Format Document Scanning Process
 Indexing and Imaging Process
 Final Quality Control Process
 Return of Documents and Delivery of Images
 Document Request Procedure
 Data Confidentiality and Security
Document Transportation Process
The Hines EDM drivers have signed a company policy requiring the transportation vehicles to be locked at all times when the vehicle is not being accessed by the drivers. The Hines EDM driver maintains a company standardized form in order to itemize the content of the cargo hold,

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 15 this list requires items such as a (partial listing), box count and brief description of the customer’s boxed content (e.g. a from-to range).

Sample Transmittal Sheet – (Customizable for the City’s specifications)

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 16 Records Manager (Inventory Control)

The purpose for the Hines EDM RM (Records Management) position is to identify a single- point of accountability employee who is permitted to physically relocate customer content within the internal environment. Ultimately, the purpose for this role is to mitigate human error, and or loss of content via accidental misplacement.

Once the transportation team arrives back at the Hines EDM facility, the content will be immediately unloaded and checked-in with the Hines EDM RM (Records Manager). The initial check-in procedure requires the RM to review the transportation log for accuracy (e.g. number of records received).

The Hines EDM Record Manager will input each Job Batch Number into the Hines EDM internal “PTS” (Project Tracking System) which tracks all internal movement of the City’s

boxed materials. Each box will receive a label containing pertinent job information on it. The label will identify the customer name, batch ID, box ID and barcode used for internal tracking.

Each box will also contain a box manifest to indicate which items are within a specified box.

Sample Box Label:

Each Hines team member will check-in and check-out boxes to different production stations and will only check out an amount of boxes that can be facilitated in one shift. In other words, the boxes will not remain at the stations after the shift. Once a box is completed at a particular stage in production (scan, index, QC), employees will sign off on the physical box as well as in our internal tracking system to ensure all materials on site are completely processed. An electronic manifest of all boxes in progress will be kept. Within this electronic worksheet a list of each step will be logged with employee name, date and time the box was in their possession for reference if needed at a later time.

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 17 Document Preparation Process

The document preparation process is the stage where Hines EDM gets the paper and scanner ready. That is, where; staples are removed, page tears are repaired with clear tape, sticky- notes are relocated to avoid covering information, and the like. In terms of oversized documents, often the plan sheets are stacked and laid flat prior to document scanning (in order to better minimize the effects of folded creases upon the scanned image). Hines is also proficient at removing spiral bindings and glue from bound books when needed.

If a unique situation presents itself, Hines will address how to proceed with the City before making decisions that may change the approved work plan. Hines has extensive experience with the city’s barcode system. Hines will utilize the City’s prepared BC sheets when preparing and scanning documents. Indexing criteria will be automatically populated from the barcode information provided on these sheets.

Document Scanning Process

Hines EDM utilizes state of the art Panasonic high speed scanners with the advanced capability to scan all forms of documents within a given project. This includes, but is not limited to, index cards, file folders, envelopes, photographs (including polaroids), binder tabs, post-its, receipts, carbon copies, spiral bound and glued booklets (once separated by preppers). All documents will be scanned from front to back as presented in their original folders.

The Hines EDM scanners maintain technology to
detect a double feed (via ultrasound waves). This
QA feature ensures that the scan operator is audibly
alerted to such an occurrence and error rate is
greatly reduced. The scanners also provide
advance image quality options such as auto
deskew, blank page deletion, edge fill and clean-up,
background smoothing, and auto rotation of all
images. The Hines EDM document scanners
maintain onboard software that evaluate each
electronic image in real-time for the best quality
output.

Subtask (if applicable): About Hines EDM Color Scanning Technology

Where color scanning is appropriate, the Hines EDM document scanning software offers options to mitigate large file sizes. For example, where a sheet of paper is gold in background,
the scanner can render the background image as white in order to reduce the overall file size.

Even where the background is gold and there exists color notations, both (1) the background

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 18 can still be captured as white and (2) maintain the color notations as presented. Our state of the art scanners also provide an Auto-Color Detect feature that allows bitonal images to be captured in Black & White while processing color documents and photos in Color instantaneously. This feature allows us to scan documents more efficiently and capture the most true to original image as possible. Hines will work with the City during each task to set project criteria detailing out color requirements and pages requiring color scanning will be identified at document prep and scanned accordingly.

Large Format Document Scanning Process
All large format plans will be unfolded or unrolled prior to scanning and prepped by removing any binding or staples from the plan set. To make sure all plans are inserted in the correct order, barcode sheets will be inserted at prep to mark where Large Format pages are to me inserted. Hines EDM will scan all oversize documents (larger than 11x17) in color depending on the criteria set forth by the City.

Hines prefers to scan large format images at 200DPI because there is no loss in quality but a lower DPI negates larger file sizes for the City. Larger file sizes can make documents slower to open once delivered which is why Hines typically recommends scanning all larger documents at a lower DPI. Hines can scan images at 300DPI if the City requires it as a project specification. All physical pages will remain in the original order received. Plans will be indexed with other file documents contained within a folder unless the City requires large plans to be
categorized as a different document type. All images will still pass through the data entry and quality control processes.

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 19 Indexing and Imaging Process
Hines EDM has several years of experience the City’s documents. Our digitization process of small and large format documents, as well as microforms is well developed and has provided quality deliveries with little to no errors.

The Hines EDM data entry process may use barcode sheets in coordination with the City’s document type specification. Information provided by the city on barcode sheets will be captured and populated in appropriate firlds prior to delivery back to the City. Hines will employ
quality assurance methods to ensure correct metadata information was generated.

Hines understands and agrees to ensure all Task specific required fields for indexing are accurate and complete. Per the RFP, Hines will establish required metadata fields and indexing criteria with each department on a task by task basis.

Optical Character Recognition Process (OCR)
Optical Character Recognition is a process requiring specialized software in order to interpret and convert the characters from an electronically scanned image into standardized text. The main benefit of an OCR software process is the ability to incorporate a full-text search by keyword or phrase.

Although a mature technology, OCR is still prone to certain errors, especially related to historical or poor quality original documentation. As such, documents originating from the likes of typewriters and dot-matrix style printers do not always OCR accurately. OCR is not
compatible with hand written documents.

Hines recommends files be delivered at multi-page PDF files. Because Laserfiche utilizes hit- highlight technology when searching OCR’d documents, delivered images with OCR that are PDFs will allow the city to search using OCR in OnBase.

Final Quality Control Process
To ensure that the City has the highest level of quality assurance we will conduct a final quality control review in order to sample and review the final deliverables and make sure they meet the requirements. We will provide a dedicated QC technician to visually verify that images and metadata are readable and of the highest quality before delivery. We will also check the accuracy of indexed fields, checking formatting and all final deliverable before contacting the City’s designated project manager to schedule delivery. If an image does not meet the basic requirement of ‘duplicate of the source document’, the entire box will be rechecked and if necessary, any affected images will be rescanned at no additional cost to the City. Where poor quality originals exist, Hines can insert a leader page indicating poor original so the City can have full trust that the images delivered are an accurate representation of the original hard copy documents.

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Hines EDM, Inc. Respose to The City of Concord RFP # 2477 – Building Permit Record Imaging Professional Services 20 Return of Documents and Delivery of Images
Following scanning of all documents, items will be placed back in each box in the original order before being delivered to the City. Documents will be stores at Hines EDM’s secure location in Roseville, CA until the City approves digital images and authorizes secure destruction.

A metadata txt file formatted for import into the City’s existing OnBase document management system will also be included in each delivery. Hines EDM, Inc. employs a secure cloud based system for secured delivery of confidential data. Through this system, the City can have real- time access to documents in production as well as document requests as needed. If the City prefers, images and metadata file will be delivered to the City via portable storage (Encrypted CD or USB drives). Hines will keep a copy of all images on our secure internal system until the City has reviewed and accepted images from a particular job shipment. All Hines invoices will reflect an exact file count which can be verified and checked against the inventory count to confirm that there is a corresponding PDF for every file picked up from the City of Concord.

Depending on the needs of the City, Hines can remote into the City’s internal system securely though VPN and import images into Laserfiche directly after images are downloaded onto the City servers or, Hines has trained designated City personnel in the past on the import process to eliminate the need for Hines involvement on the City’s internal servers.

Hines agrees to store all physical files at our secure facility for up to 90 days after delivery of final digital files to the City. After 90 days, all materials will be returned to the City along with a return manifest that corresponds to the original pick up receipt unless long term storage is requested by the City.

Alternatively Hines can securely destroy all documents and materials if authorized to do so by the City with an authorization request form. Hines could return 10% of the physical documents within a delivered batch for 100% verification and QC by the City. Once the City is satisfied that the delivered images are accurate and complete and meet the specifications of the Task, a certificate of destruction will be sent to the City. Following authorization, remaining materials within the authorized batch that is located at our facility will be securely destroyed on premises.

If the City requires materials to be stored longer than 90 days, a storage fee may be assessed by Hines EDM. Once instructed to do so by the City, Hines will purge all digital files permanently from our internal system. Hines will work closely with the City to meet the criteria withing their newly approved retention schedule.

Customer Document Request Procedure
Any and all document requests from the City should be sent to [email protected]

where it will be received and processed promptly. Critical document requests will be processed and delivered within 12 hours of the original request. Non-critical requests are fulfilled within 2 working days of the request. All document requests will be delivered either via email to the original requestor or, if too large for email, or requested by City, uploaded to Hines’ secured Cloud system for retrieval.

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15.20 (Plumbing Code), and Chapter 15.50 (Multi-Family Rental Dwelling Units); and considering adoption of a Resolution amending the Appeal to Board of Appeal Fee by amending
Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord.

CEQA: Not a project/exempt under Public Resources Code
Section 21065, CEQA Guidelines Sections 15060(c)(2)(3), 15061(b)(3), and/or 15378.

Report in Brief
The City has functioned without a quorum of membership for its state mandated Board of Appeals for the last 2 years due to an inability to fill the vacant positions. In order to address this challenge and still comply with State law, staff is proposing Ordinance changes that would allow the City to rely on members of the International Code Council (ICC) as the City’s Board of Appeals. The Board of Appeals hears appeals of decisions made by the Chief Building Official. The Board’s decisions are final and may not be appealed to the City Council. Additionally staff is proposing that the fee for appeals of the Chief Building Official’s decision be set as a deposit amount with a per hour charge to ensure that staff costs are fully recovered; this requires Council updating the Master Fee Schedule resolution.

5.h5.h5.h5.h5.h5.h5.h

Page 1 of 17 ends

City Council Agenda Report
Agenda Item No. 5.h
August 8, 2023
Additionally, two minor Building Code cleanup items unrelated to the Board of Appeals are included in the same proposed Ordinance because they are part of the same City of Concord Construction Code. The specific proposed Building Code amendments are as follows:

1. Title 15, Chapter 15.08 (Appeals of the City of Concord Construction Code) is amended to establish members of the ICC Tri-Chapter Uniform Code Committee (TUCC) as the standing Board of Appeals.

2. Title 15, section 15.10.020 (Appendix Adoption) is amended to remove the adoption of Appendix C (Group U - Agricultural Buildings) of the California Building Code, and Title 15, section 15.20.020 (Appendix Adoption) is amended to remove the adoption of Appendix K (Potable Rainwater Catchment Systems) of the California Plumbing Code.

3. Title 15, section 15.50.130 is amended to clarify that reasonable timelines to correct code violations on multi-family properties are set at the discretion of the inspector (between 24 hours and 120 days).

Recommended Actions

1. Introduce an Ordinance (Attachment 1) by reading of the title only and waiving further reading.

2. Adopt a Resolution (Attachment 2) amending the Appeal to Board of Appeal Fee.

Background
Board of Appeals
The Board of Appeals is a State mandated Board. In Concord, the Board of Appeals is required to have seven members. Their purpose is to hear appeals of Chief Building Official’s decisions in regards to the application of the California Building Standards Code. In the last ten years there has been 1 appeal heard by the Board in the City of Concord. Appeals are rare. A decision of the Board of Appeals is final.

California Building Standards Code (CBSC) Appendix Adoption The publication of the CBSC includes appendices that may be voluntarily adopted by local jurisdictions. On November 8, 2022, as part of the triennial CBSC adoption, the City of Concord adopted Appendix C (Group U - Agricultural Buildings) of the California Building Code, and Appendix K (Potable Rainwater Catchment Systems) of the California Plumbing Code. Upon filing the City of Concord’s local code adoption with the California Building Standard Commission, they notified the City of a new regulation that to locally adopt these appendices, they must either be adopted by a State agency or the local jurisdiction must provide express findings based on local climactic, geological, or topographical conditions. Neither of these appendices are adopted by a State agency and express findings were not provided at the time of adoption, therefore they must be removed from the City’s local adoption or express findings provided.

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City Council Agenda Report
Agenda Item No. 5.h
August 8, 2023
Timeline for Correction of Building and Housing Code Violations As part of the Multi-Family Inspection Program, building inspectors issue Notices of Violations that require building and housing code violations to be abated. Based on the severity of the violations and threat to the health and life-safety of tenants, building inspectors set a reasonable timeline to make the repairs before a re-inspection is performed to confirm the violations have been abated. There is existing language in the Concord Municipal Code stating the Notice of Violation shall specify such a timeline for repairs ranging between 24 hours and 120 days.

Analysis
Board of Appeals
The City of Concord has been unable to establish a quorum of members on its Board of Appeals for the last 2 years. In the most recent recruitment, zero applications were submitted and all seven seats on the Board are currently vacant. Many surrounding jurisdictions face the same challenge with their State mandated Board of Appeals and have adopted alternatives to Council-appointed boards.

For this reason, restructuring the Board of Appeals is necessary. The proposed Ordinance (Attachment 1) delegates authority to the Chief Building Official to select local code experts from the ICC Tri-Chapter Uniform Code Committee (TUCC) to sit on the board. When an appeal is filed, the Chief Building Official would invite 3 members to sit as the Board. The TUCC is an organization of building officials, building inspectors, and construction industry personnel; it was formed to enhance regional consistency in the application and enforcement of building codes by developing guidelines for code interpretation. It is composed of the ICC East Bay, Peninsula, and Monterey Bay Chapters. Building officials from jurisdictions within Contra Costa County and surrounding counties are members of TUCC. Building Official members of the TUCC are well-versed in the technical and administrative provisions of construction codes. A similar Board of Appeals structure has already been implemented by the City of Vacaville, and it is anticipated more jurisdictions will follow suit to resolve this challenge.

As a failsafe, the ordinance provides that the City Council will act as the Board of Appeals to the extent TUCC members are unavailable or as otherwise required by applicable law.

Fees for Appeal
To cover staff costs associated with an appeal to the Board of Appeals, the proposed Resolution (Attachment 2) amends the City’s fee for an appeal to the Board of Appeals to a $4,000 deposit that would be charged against on an hourly basis, based on staff’s actual time and hourly rates in effect (the current fee is a flat $115 dollars).

The deposit of $4,000 is proposed because on average staff anticipates the following time requirements to process and hear an appeal:
 Chief Building Official – 8 hours

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City Council Agenda Report
Agenda Item No. 5.h
August 8, 2023
 City Attorney – 2 hours
 City Clerk – 4 hours
If there is money left over in the deposit account after the appeal has been heard, it is returned to the appellant. If for some reason, the appeal requires more staff hours and therefore more staff costs, then the City would require additional funds be added to the deposit.

California Building Standards Code
The Chief Building official has determined there are not local conditions that justify the adoption of Appendix C of the California Building Code and Appendix K of the California Plumbing Code, therefore the proposed Ordinance (Attachment 1) removes the local adoption of these two appendices from the City of Concord Municipal Code.

Timeline for Corrections
To clarify how timelines for abatement of violations are set, the proposed Ordinance (Attachment 1) adds clarifying language explicitly stating that building inspectors have the discretion to set the timeline within the allowable range.

Financial Impact
Appeals to the Board of Appeals are rare, and the proposed changes to the Board of Appeals structure, processes, and fees will ensure there are not fiscal impacts. The removal of the two appendices and clarifying language in the violation correction timelines will not have any fiscal impacts.

Environmental Determination
Passage of the ordinance is not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378 because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment, and/or the proposed ordinance does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the updates to the City’s Master Fees and Charges Schedule do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), or 15378 because the fiscal activities do not involve a commitment to a specific project, it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical

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City Council Agenda Report
Agenda Item No. 5.h
August 8, 2023
change in the environment. In addition, the proposed amendments are categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the updates to the City’s Master Fees and Charges Schedule may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted, and a Notice of Public Hearing was published in the East Bay times on July 28, 2023.

Attachments

1. Proposed City Ordinance to amend Concord Municipal Code Exhibit A: Amendments to CMC Chapter 15.08 (Appeals of the City of Concord Construction Code) (Redline)
Exhibit B: Amendments to CMC Chapter 15.10 (Building Code) and Chapter 15.20 (Plumbing Code) Appendix Adoptions (Redline) Exhibit C: Amendments to CMC Chapter 15.40 (Multi-Family Rental Dwelling Units) Correction of Violations (Redline)

2. Resolution amending the Appeal to Board of Appeal Fee by amending Exhibit A to Resolution No. 78-6042 establishing fees and charges for various municipal services in the City of Concord
Exhibit A: Amendments to Appeal to Board of Appeal Fee (Redline)

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Ord. No. 23-XX 1
ORDINANCE NO. 23-XX

AN ORDINANCE AMENDING CONCORD MUNICIPAL CODE
CHAPTER 15.08 (APPEALS OF THE CITY OF CONCORD
CONSTRUCTION CODE), CHAPTER 15.10 (BUILDING CODE),
CHAPTER 15.20 (PLUMBING CODE), AND CHAPTER 15.50
(MULTI-FAMILY RENTAL DWELLING UNITS)
THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

WHEREAS, the California Building Standards Code provides for an appeals process to a Board of Appeals for decisions, orders, or determinations of the building standards published in the California Building Standard Code; and
WHEREAS, the California Building Standards Code charges every city, county, or city and county to establish a process to hear and decide such appeals which includes the formation of a Board of Appeals; and
WHEREAS, the California Building Standards Code permits every city, county, or city and county to make amendments to the California Building Standards Code.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES ORDAIN AS FOLLOWS:

Section 1. Passage of this ordinance is not a project/exempt under Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c)(2), 15061(b)(3), and/or 15378 because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, it can be seen with certainty that there is no possibility for the proposed ordinance to have a significant effect on the environment, and/or the proposed ordinance does not have a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.

Section 2. Concord Municipal Code Chapter 15.08 (Appeals of the City of Concord Construction Code), section 15.08.010 (Establishment of Board of Appeals) and section 15.08.20 (Filing requirements), are hereby amended as set forth in Exhibit A, attached hereto and made a part hereof.

Attachment 1

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Ord. No. 23-XX 2
Section 3. Concord Municipal Code Chapter 15.10 (Building Code), section 15.10.020 (Appendix Adoption) and Chapter 15.20 (Plumbing Code), section 15.20.020 (Appendix Adoption), are hereby amended as set forth in Exhibit B, attached hereto and made a part hereof.

Section 4. Concord Municipal Code Chapter 15.50 (Multi-Family Rental Dwelling Units), section 15.50.130 (Inspection reports; corrections of violations), is hereby amended as set forth in Exhibit C, attached hereto and made a part hereof.

Section 5. If any section, subsection, clause, or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, or its application to any other person or circumstance. The City Council declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

Section 6. This Ordinance No. 23-XX shall become effective (30) days following its passage and adoption. In the event a summary of said Ordinance is published in lieu of the entire Ordinance, a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to its adoption and within fifteen (15) days after its adoption, including the vote of the Councilmembers. Additionally, a summary prepared by the City Attorney’s Office shall be published once at least five (5) days prior to the date of adoption of this Ordinance and once within fifteen (15) days after its passage and adoption, including the vote of the Councilmembers, in the East Bay Times, a newspaper of general circulation in the City of Concord.

Laura M. Hoffmeister
Mayor
ATTEST:

Joelle Fockler, MMC
City Clerk
(Seal)

Page 7 of 17 ends

Ord. No. 23-XX 3
Ordinance No. 23-XX was duly and regularly introduced at a regular meeting of the City Council of the City of Concord held on August 8, 2023, and was thereafter duly and regularly passed and adopted at a regular meeting of the City Council of the City of Concord on August 22, 2023, by the following vote:

AYES: Councilmembers -
NOES: Councilmembers -
ABSTAIN: Councilmembers -
ABSENT: Councilmembers -
I HEREBY CERTIFY that the foregoing is a true and correct copy of an ordinance duly and regularly introduced, passed, and adopted by the City Council of the City of Concord, California.

Joelle Fockler, MMC
City Clerk
Attachments: Exhibit A – Amendments to CMC Chapter 15.08 (Appeals of the City of Concord Construction Code) (Redline)
Exhibit B – Amendments to CMC Chapter 15.10 (Building Code) and Chapter 15.20 (Plumbing Code) Appendix Adoptions (Redline)
Exhibit C – Amendments to CMC Chapter 15.40 (Multi-Family Rental Dwelling Units) Correction of Violations (Redline)

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Concord Municipal Code
Chapter 15.08 APPEALS OF THE CITY OF CONCORD

CONSTRUCTION CODE

Page 1 ends

The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.

Exhibit A to Attachment 1
Chapter 15.08

APPEALS OF THE CITY OF CONCORD CONSTRUCTION CODE
Sections:

15.08.010 Establishment of Board of Appeals.

15.08.020 Filing requirements.

15.08.030 Scheduling and noticing requirements.

15.08.040 Final decision.

15.08.010 Establishment of Board of Appeals.
(a) General. In order to hear and decide appeals authorized under the City of Concord Construction Code, there shall be and is hereby created a Board of Appeals, which shall constitute the “Local Appeals Board” , “Board of Appeals”, “Housing Appeals Board”, and “Housing Advisory and Appeals Board,” as those terms are defined and used in the California Building Standards Code (the “Board of Appeals”). The Board of Appeals shall be appointed by the City Council and shall hold office at their pleasure but in no event shall serve longer than four years without reappointment by the City Council.consist of three (3) members of the ICC Tri-Chapter Uniform Code Committee (TUCC). The City Council hereby expressly delegates to the Building Official the authority to select such members on a case-by-case basis based on their availability and subject matter expertise.

In appeals of decisions of disabled access, the Board of Appeals shall be composed of five as follows: two members of the appeals board shall be physically handicapped persons, two members shall be persons experienced in construction, and one member shall be a public member. The City Council hereby expressly delegates to the Building Official the authority to select such members on a case-by-case basis based on their availability and subject matter expertise.

To the extent the Board of Appeals cannot be convened, due to member availability as determined by the Building Official on a case-by-case basis, or as otherwise required pursuant to applicable law, the City of Concord City Council shall serve as the Board of Appeals.

(b) Limitation of responsibilities. The responsibilities and authority of the Board of Appeals shall be limited as provided in accordance with state law and the City of Concord Construction Code to orders, decisions, and determinations made by the Building Official relative to the application and interpretation of the non-administrative (technical) requirements of the Concord Construction Code . Specifically, the authority of the Board of Appeals shall not include legal interpretation of the administrative provisions of the City of Concord Construction Code and shall not include authority to grant appeals which waive requirements of state law or the City of Concord Construction Code or grant variances from state law or the City of Concord Construction Code.

(c) Reserved.Number. The Board of Appeals shall consist of five members and two alternates appointed by the City Council. The alternates shall be called by the Board chairperson to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for Board membership.

The Building Official shall be an ex officio member of the Board of Appeals but shall have no vote on any matter before the Board.
(d) Qualifications. The Board of Appeals shall consist of members who are qualified by experience and training to pass on matters pertaining to the City of Concord Construction Code and are not employees of the city. Appointees shall be qualified in and specifically knowledgeable in the City of Concord Construction Code and applicable local ordinances.
(e) Chairperson. The Board of Appeals shall annually select one of its members to serve as chairperson.

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Concord Municipal Code
Chapter 15.08 APPEALS OF THE CITY OF CONCORD

CONSTRUCTION CODE

Page 2 ends

The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. (f) Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional, or financial interest, or a conflict of interest under the Fair Political Practices Act. A disqualified Board of Appeals member shall declare his or her disqualification to the Building Official, who shall arrange for an alternate member to serve in place of the disqualified member and shall make the disqualification part of the hearing record.
(g) Secretary. The City Manager shall designate a qualified clerk to serve as secretary to the Board of Appeals. The secretary shall file a detailed record of all proceedings in the City Clerk’s office. (h) Compensation of members. Members of the Board of Appeals shall serve without compensation. (i) Quorum. A quorum shall consist of three members and/or alternates. (j) Open hearing. The Board of Appeals shall have no regular meetings; all meetings shall be special meetings noticed pursuant to California Government Code Section 54956. All hearings before the Board of Appeals shall be open to the public. The appellant, the appellant’s representative, the Building Official, and any person whose interests are affected shall be given an opportunity to be heard. (k) Hearing procedure. The hearing shall be informal and shall not require compliance with the rules of evidence.

At the hearing, the Board of Appeals shall hear and consider all relevant evidence. (l) Postponed hearing. Continuances of the hearing may be granted by the City Manager on request of the appellant or the appellant’s representative for good cause shown, or on the City Manager’s own motion. (m) Board decision. The Board of Appeals shall decide the appeal by a majority vote of the members present. (Ord. No. 16-7, § 3)

15.08.020 Filing requirements.
(a) Form of appeal. Any person may appeal as provided by the City of Concord Construction Code. Where not specifically stated in the City of Concord Construction Code,initiate filing an appeal may be initiated by filing at the City Clerk’s office a written appeal containing the following:
(1) A heading in the words: “Before the Board of Appeals of the City of Concord.” (2) A caption reading: “Appeals of _____________,” giving the names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice, order, determination, or action.
(4) A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant. (5) A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside. (6) The signatures of all parties named as appellants and their mailing addresses. (7) The verification (by declaration under penalty of perjury) of at least one appellant as to the truth of the matters stated in the appeal.
(b) Filing of an appeal. Unless a different filing deadline is required by law or by the City of Concord Construction Code, the appeal shall be filed within 10 days from notice of the action subject to the appeal; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to life, limb, property, or safety of the public or adjacent property and is ordered vacated and is posted as such, such appeal shall be filed within three days from the date of the service of the notice and order of the Building Official.

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Concord Municipal Code
Chapter 15.08 APPEALS OF THE CITY OF CONCORD

CONSTRUCTION CODE

Page 3 ends

The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022. (c) Application fee. A nonrefundable application fee, as set forth in the City Council adopted fees and charges, shall be submitted with the initial request for appeal.
(Ord. No. 16-7, § 3)

15.08.030 Scheduling and noticing requirements.
(a) Scheduling and noticing appeal for hearing. As soon as practicable after receiving the written appeal, the City Clerk shall fix a date, time, and place for the hearing of the appeal by the Board of Appeals. Unless a different date and time is required by law or by the City of Concord Construction Code, such date will be not less than 10 days and not more than 60 days from the date the appeal was filed with the Building Official. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at the address shown on the appeal.
(b) Effect of failure to appeal. Failure of any person to file an appeal in accordance with the provisions of this chapter shall constitute a waiver of the right to an administrative hearing and a failure to exhaust administrative remedies.
(c) Scope of hearing on appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.
(d) Staying of order under appeal. Except for vacation orders or as otherwise provided in the City of Concord Construction Code or otherwise by law, enforcement of any notice or order of the Building Official issued under this code shall be stayed during the pendency of the appeal that is properly and timely filed. (Ord. No. 16-7, § 3)

15.08.040 Final decision.
(a) Decision. The decision of the Board of Appeals shall be in writing and include any material factual determinations and the reason(s) for the decision. The decision shall be final and effective immediately upon its adoption by the Board. A copy of the decision shall be mailed to the appellant and to the Building Official.

Decisions of the Board are not appealable to the City Council. (Ord. No. 16-7, § 3)

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Concord Municipal Code

Page 1 ends

The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.

Exhibit B to Attachment 1

5.10.020 Appendix adoption.

Appendixces C (Group U – Agricultural Buildings) and I (Patio Covers) of the California Building Code isare hereby adopted. All remaining appendices are not adopted. (Code 2002, § 14-92. Ord. No. 13-8, § 4; Ord. No. 16-7, § 4; Ord. No. 19-6, § 3; Ord. No. 22-13, § 1)

15.20.020 Appendix adoption.

Appendices A, B, D, H, and I, and K of the California Plumbing Code are hereby adopted. All remaining appendices are not adopted.
(Code 2002, § 14-212. Ord. No. 13-8, § 6; Ord. No. 16-7, § 6; Ord. No. 19-6, § 5; Ord. No. 22-13 § 3)

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Concord Municipal Code

Page 1 ends

The Concord Municipal Code is current through Ordinance 22-13, passed December 6, 2022.

Exhibit C to Attachment 1

15.50.130 Inspection reports; corrections of violations. (a) Report of inspection. Upon completion of the property inspection the inspector may leave written notice of results of the inspection with the owner and/or representative. In the event that the property owner and/or his or her representative refuse to accept the written notice of results of the inspection, the inspector may post such notice on the property. The notice shall contain an itemization of any violation(s) and set forth a period of time for correction ranging from 24 hours up to 120 days at the discretion of the inspector based on the risk to human health and life- safety. The city may extend the time for correction upon a showing by the property owner that additional time is needed.
(b) Notice and order to correct violation. Whenever the inspector determines that a violation of this code exists, the inspector shall give notice of violation and order to correct to the owner. The notice shall be in writing and shall describe with reasonable detail the violation so that the owner has the opportunity to correct said violation. (c) Time for correction. The notice and order shall provide a reasonable time, ranging from 24 hours up to 120 days at the discretion of the inspector based on the risk to human health and life-safety, to correct or otherwise remedy the violation. In determining what is a reasonable time, the city may consider the estimate of local professionals including licensed contractors. The city may extend the time for correction upon a showing by the property owner that additional time is needed.
(d) Service of notice and order. Notice shall be served personally to the owner or by mailing a copy of the notice by certified mail, return receipt requested, to the owner at the address shown on county records. Service of such notice shall be effective on the date the notice is mailed.
(e) Formal notice of noncompliance. Upon completion of the reinspection, a formal notice of noncompliance documenting any uncorrected violations shall be mailed to the property owner within 10 days of the completion of the reinspection. The notice of noncompliance shall be filed in the office of the county recorder, along with a certificate describing the property and certifying that the building is substandard and the owner has been so notified. (f) Building permits. Building permits for the correction of violations shall be as required by the Municipal Code. (g) Reinspections. Reinspections will be conducted to verify that the violations identified on the initial inspection have been corrected. Violations that were not noted on the initial inspection report, but are discovered on the reinspection due to subsequent damage or deterioration, shall be subject to correction. (Code 1965, § 9828; Code 2002, § 14-402. Ord. No. 00-2; Ord. No. 06-5; Ord. No. 16-8, § 1 (Exh. A))

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Res. No. 23-6042.XX 1

BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD

COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
A Resolution Amending the Appeal to Board of
Appeal Fee by amending Exhibit A to Resolution No.
78-6042 (Establishing Fees and Charges for Various
Municipal Services in the City of Concord)
Resolution No. 23-6042.XX
/
WHEREAS, the City Council provides a variety of municipal services; and WHEREAS, the City Council adopted Resolution No. 78-6042 on October 9, 1978, establishing a master resolution within which various municipal fees and charges would be located; and
WHEREAS, amendments to Exhibit “A” to Resolution No. 78-6042 are necessary to establish or delete various fees; and
WHEREAS, pursuant to Government Code sections 66016 and 66018 the enactment or increase in any fees to be charged for services must be adopted by the City Council by ordinance or resolution, after providing notice and holding a public hearing; and WHEREAS, pursuant to Government Code sections 66016 and 66019, the data required to be made available to the public prior to increasing the amount of the fees by this resolution was made available for public review at least 10 days prior to the date of this meeting; and WHEREAS, notice of a public hearing on the new and increased user fees was published in accordance with Government Code sections 66018 and 6062a; and WHEREAS, the City Council held public hearing on August 8, 2023, at which time any and all members of the public were afforded an opportunity to address the City Council regarding this matter; and
WHEREAS, at such public hearing, the City Council received a report from the Chief Building Official identifying the basis by which such charges were calculated; and WHEREAS, upon close of the public hearing the City Council deliberated upon the information received during the course of the public hearing.

Attachment 2

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Res. No. 23-6042.XX 2

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS:

Section 1. The foregoing recitals are incorporated by reference. Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and implementing State CEQA Guidelines, Title 14, Chapter 3 of the California Code of Regulations (collectively, “CEQA”), the updates to the City’s Master Fees and Charges Schedule do not constitute a “project” within the meaning of Public Resources Code Section 21065, 14 Cal Code Reg. Sections 15060(c)(2), 15060(c)(3), or 15378 because the fiscal activities do not involve a commitment to a specific project, it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. In addition, the proposed amendments are categorically exempt pursuant to Section 15061(b)(3), “Review for Exemptions” of the CEQA Guidelines because there is no possibility that the updates to the City’s Master Fees and Charges Schedule may have a significant effect on the environment, and no further environmental review is required. No unusual circumstances are present. This determination reflects the City’s independent judgment and analysis.

Section 2. Exhibit “A” to resolution No. 78-6042 is hereby amended as set forth in Exhibit “A” of this Resolution. Only the highlighted fees or fees shown in redline are being altered, amended, or increased. All other fees set forth in Exhibit “A” remain in effect as originally adopted.

Section 3. The fees established by this resolution shall become effective on September 8, 2023.

Section 4. This resolution shall become effective immediately upon its passage and adoption. //
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Res. No. 23-6042.XX 3
PASSED AND ADOPTED by the City Council of the City of Concord on August 8, 2023, by the following vote:

Joelle Fockler, MMC
City Clerk
APPROVED AS TO FORM:

Susanne Meyer Brown
City Attorney
Attachment: Exhibit A – Amendments to Appeal to Board of Appeal Fee (Redline)

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Exhibit A. Resolution 78 6042
Fees and Charges for Various Municipal Services
T3a - Building Division Fees
Date of Last Adoption: 5-16-2023
Res. No: 23.6042.1
Current Fee Description
I.2. Re-inspection Fees (hourly) $173.00
I.3. Inspection Requests Outside Normal Business Hours (hourly - minimum 2 hours) $259.50 J. Expedited Plan Review (Using Outside Consultants) Actual Cost + Admin

K. Construction Valuation

L. Appeal to Board of Appeal
Fee $115.00
Plus Public Notice Fees At Cost
M. Storm Water Pollution Prevention Compliance
Additional time above minimum (per hour with half hour minimum) $140 C3 service fee for permits increasing impervious surface area (percent of valuation) 0.12% N. Special service microfilm research request (hourly) $121.00 P. Child Care Program (CMC 19.10.030) (PP 130)

0.50%
Q. Development Project Mitigation Fee for Fire Station No. 22 Mitigation fee $3,619.33
Plus Administrative fee $100.00
R. Recycling – Construction and Demolition Projects
Where fees are based upon construction valuation, the Building Official may apply minimum valuations based upon the latest publication of International Code Council’s Building Valuation Data and/or upon the Building Official's published valuations for different project types. Final total valuation shall be set by the Building Official, as provided for in the City's adoption of the California Building Code.

Non- restricted project fee due upon issuance of Certificate of Occupancy (percent of valuation) 30

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Staff Report
Date: August 8, 2023
To: City Council/City Council Sitting as the Local Reuse Authority From: Valerie J. Barone, City Manager
Prepared by: Guy Bjerke, Director of Economic Development and Base Reuse [email protected]
(925) 671-3076
Subject: Considering award of a contract for security guard services at the former Concord Naval Weapons Station to Guardian
Security Agency, in the not-to-exceed amount of $422,000 (consisting of $400,000 based on the estimated need for services which includes temporary 24/7 security, plus an additional $22,000 should the City require additional services) for the initial term to June 30, 2024, with the option to extend the contract two (2) additional one (1) year periods in the not- to-exceed amount of $422,000 for each extension term (up to a total amount of $1,266,000); and authorizing the City Manager to execute the contract in a form acceptable to the City Attorney. (Funding will be provided by GoMentum Station (100% of their use)), and the Local Reuse Authority (LRA) using funds previously loaned to the authority from the General Fund).

Report in Brief
The Local Reuse Authority has provided security guard services to monitor the former Concord Naval Weapons Station (CNWS) entry gates since September 2016. The establishment of secure entry gates was requested by the U.S. Navy, Contra Costa County, East Bay Regional Park District, and GoMentum Station as an alternative to using the main gate under the control of the U.S. Army – Military Ocean Terminal Concord (MOTCO). The current security guard services contract is expiring on August 31, 2023. LRA staff issued a Request for Proposal (RFP) for security services for the entry gates to the CNWS (Willow Pass Road and Bailey Road) for the next year (with two one-year extensions) and, after review of 10 proposals, is recommending Guardian Security Agency be awarded the contract. Based on entry gate use, the funding for the

5.i5.i5.i5.i5.i

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City Council Agenda Report
Agenda Item No. 5.i
August 8, 2023
security services will be provided from reimbursements from GoMentum Station (100% of their use) (90%) and LRA project funds (10%).

Recommended Action
Award a contract in the not-to-exceed amount of $422,000 (consisting of $400,000 based on the estimated need for services which includes temporary 24/7 security, plus an additional $22,000 should the City require additional services) for the initial term to June 30, 2024, with the option to extend the contract two (2) additional one (1) year periods in the not-to-exceed amount of $422,000 for each extension term (up to a total amount of $1,266,000); and authorize the City Manager to execute the contract in a form acceptable to the City Attorney, and make the CEQA determinations as provided in this staff report.

Background
The City Council authorized, and the LRA procured, security guard services to monitor the entry gates as activity related to the testing of autonomous and connected vehicles increased under the interim use of the CNWS by GoMentum Station. GoMentum Station currently reimburses the LRA for 100% of their share of the cost of these services – currently set at 90% of the total cost of security services.

Analysis
The activity level at the former Concord Naval Weapons Station requires three to five security guards to have all necessary hours covered. The gate is open between 8 and 12 hours a day – sometimes even longer, depending upon the demands of the various users of the base.

Ten bidders provided proposals that included company experience, approach to management, compliance with the Affordable Care Act and CA Sick Leave Act along with service costs. The RFP did indicate that the contract would be for a one year initial term with two one-year extension options. The evaluation panel agreed that Guardian Security Agency was the best fit for the City of Concord. LRA staff has been satisfied with their exceptional responsiveness and customer service.

Guardian Security Agency’s bid of $286,905 was based on the RFP’s estimate of services required. Since issuance of the RFP, GoMentum Station has indicated a need for significantly more hours each year. Therefore, the attached agreement has a not-to- exceed amount set at $422,000. The increased services relate to weekend and/or “after-hours” access to the site. Guardian Security Agency will bill the LRA based on actual hours they work staffing the entry gates.

The City has the option to extend the contract for two (2) additional one (1) year terms, with no increase in the hourly rate charged to the LRA as found in Exhibit B of Attachment 2 – Guardian Security Agency response. The not-to-exceed amount would be the same ($422,000) for each extension.

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City Council Agenda Report
Agenda Item No. 5.i
August 8, 2023
Procurement Process
Request for Proposal #052023 was issued on May 22, 2023 with a due date of June 21, 2023. Ten (10) proposals were received and eight (8) proposals met minimum submittal requirements. A panel of three evaluated the proposals and determined Guardian Security Agency met all of the requirements of the proposal and were the best fit for the work scope requested.

Financial Impact
As noted above, GoMentum Station will reimburse the LRA for 100% of their share of the cost of these services – currently set at 90% of the total cost of security services.

Ongoing funding for security gate services will be provided by a combination of sources including the LRA project and GoMentum Station. There is no impact on the City’s General Fund.

Environmental Determination
Pursuant to Public Resources Code Section 21065, CEQA Guidelines Sections 15060(c), 15061(b)(3), and/or 15378, City Council action on this item is not subject to environmental review under the California Environmental Quality Act (CEQA) of 1970, as amended, because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, and falls within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), excluding projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.”
Public Contact
The City Council Agenda was posted.

Attachments

1. City of Concord Proposal Sheet for RFP No. 052023

2. Guardian Security Agency RFP No. 052023 Response

3. Agreement with Guardian Security Agency

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Attachment 1
REQUEST FOR PROPOSAL (RFP) #052023
Security Guards – Naval Weapons Station
City of Concord Vendor Registration Requirement:

Participating bidders/proposers must be registered online with City of Concord in order to access/participate in bid opportunities and information.

Please go to Purchasing website at www.cityofconcord.org (Select Business tab/Purchasing link)
Bid Timeline
Date Time Activity
May 22, 2023 By 5:00 PM RFP Issued
May 30, 2023 12:00 PM Questions to RFP Due
June 5, 2023 5:00 PM Addendum Issued/Posted on Purchasing Website by City Staff
(Addendum may include revisions and/or
responses to RFP/ Questions)
June 12, 2023 2:00 PM Proposal Due Date
Submittals to:

City of Concord Civic Center
Purchasing Division c/o Finance Department
1950 Parkside Drive-M/S 03, Concord, CA
94519
Contact pe rson for the above RFP: Greg Pustelnik
Email: greg.pustelnik@cityofconcord. org

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CITY OF CONCORD – REQUEST FOR PROPOSAL (RFP) #052023 SECURITY GUARDS-NAVAL WEAPONS

STATION

TABLE OF CONTENTS
I. ACRONYM AND TERM GLOSSARY… ..............................................................................4 II. STATEMENT OF WORK.......................................................................................................5 A. Intent ...............................................................................................................................5 B. Scope of Services/ Specifications (Exhibit A) .................................................................5 III. BID SUBMITTAL REQUIREMENTS ...................................................................................5 A. Bid Submittal Delivery Method ......................................................................................5 B. Bid Submittal Contents....................................................................................................5

1. Bid Cost Form (Exhibit B).......................................................................................5

2. Exceptions to Specification/Requirements (Exhibit C) ...........................................5

3. Debarment/Suspension Certification (Exhibit D)....................................................5

4. Other Required Documents.....................................................................................5 C. Other Bid Submittal Information

1. Submittal Deadline ..................................................................................................5

2. Local Vendor Preference.........................................................................................6

3. Modifications and Withdrawal................................................................................6

4. California Public Records Act, Confidential/Proprietary Information….................6 IV. INSTRUCTIONS TO BIDDERS.............................................................................................7 A. Reservations of Rights ....................................................................................................7 B. Online Vendor Registration.............................................................................................7 C. Schedule of Events..........................................................................................................8 D. Pre-Bid Conference..........................................................................................................8 E. Examination of Requirements .........................................................................................8 F. Questions, Interpretations, or Corrections of Bid Document ...........................................8 G. Prices, Notations, and Mistakes ......................................................................................9 H. Agency Compliance/License.........................................................................................9 I. Term of Contract ...........................................................................................................10 J. Term of the Offer ...........................................................................................................10 K. Award of Contract........................................................................................................10

1. Evaluation Criteria....................................................................................................10

2. Selection Process ......................................................................................................10

3. Terms and Conditions (Exhibit E & F).....................................................................10

4. Notice of Award.......................................................................................................11 L. Equal Opportunity .........................................................................................................11 M. Environmental Purchasing Policy ................................................................................11 N. Subcontractor ................................................................................................................11 V. EXHIBITS - ATTACHMENTS .............................................................................................12 (See Following Page)

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EXHIBITS

BID SUBMISSION REQUIREMENTS TABLE
MUST be
submitted
with Bid
(√)
Exhibit A Scope of Services/Specifications (6 pages)
Exhibit B Bid Cost Form (2 pages) √
Exhibit C Exceptions to Specifications/Requirements
(1 page) √
Exhibit D Debarment/Suspension Certification (1 page) √ Exhibit E Sample Purchase Order (PO) Terms and
Conditions (2 pages)
Exhibit F Sample Contract
(12 pages)

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I. ACRONYM AND TERM GLOSSARY
Unless otherwise noted, the terms below may be upper or lower case. Acronyms will always be uppercase.

Best Value
Concept
For bids, contract shall be awarded to the lowest responsive bidder. In determining the ‘lowest responsive bidder’, the City will apply the best value concept which includes price, quality, quantity, and the ability of the Contractor to perform the contract and to provide future maintenance or repairs.
[Please refer to Municipal Code Title 3, Chapter 3.10 (Ordinance No. 11-9) for further details.]
Bid Shall mean the bidders’/contractors’ response to a Request For Bid (RFB), Request for Proposal (RFP), or Request for Quote (RFQ), and any Response as defined below.

Bidder Shall mean the specific person or entity responding to the Request for Bid (RFB), Request for Proposal (RFP), or Request for Quote (RFQ).

City When capitalized, shall refer to the City of Concord.

Contract A written agreement between the City and a vendor or contractor to provide goods, supplies, equipment, and or services. The terms ‘contract’ and ‘agreement’ are synonymous. The term ‘contract’ includes, but is not limited to, a purchase order, a contract for services, an addendum or change order, a letter agreement, or a memorandum of understanding.

Contractor Shall refer to selected bidder that is awarded a contract. The terms ‘vendor’ and ‘contractor ‘are synonymous.

Council Shall refer to the City Council.

CPRA Refers to California Public Records Act (Government Code Sections 6250-6270) Environmentally
Preferable
Products
Products manufactured in a manner such that the impact on the environment is minimized throughout the entire lifecycle of the product by implementing sustainable practices during material sourcing, manufacturing, transportation, and by providing products that can be used and disposed of in an environmentally sound manner EPA United States Environmental Protection Agency
Federal Refers to United States Federal Government, its departments and/or agencies F.O.B. Shall mean without charge for delivery to destination and placing on board a carrier at a specified point (Free On Board)
Labor Code Refers to California Labor Code
PO Shall refer to Purchase Order(s)
Proposal Shall mean the proposer’s response to a Request for Proposal(RFP).

Proposer Shall mean the specific person or entity responding to the Request for Proposal(RFP) Quote/Quotation Shall mean bidder’s response to the Request for Quote (RFQ). The terms ‘quotation’ and ‘quote’ are synonymous.

RFB Request for Bid- The solicitation document used for competitive sealed bidding for the purchase of equipment, materials, goods and construction. The contract shall be awarded to the responsive bidder offering the lowest price based on the City’s ‘best value’ concept. A bid may be classified as ‘formal’ or ‘informal’.

RFP Request for Proposal- The solicitation document used in the competitive sealed Proposal process. The RFP procedure permits negotiation of Proposals and prices. The contract shall be awarded when factors other than price (e.g., technical expertise) will be considered.

RFQ Request for Quotation- The solicitation document used in competitive procurement, which requests technical or professional skills and experience. (Informal quote process – minimum 3 quotes.)
Response Shall refer to Bid, Proposal, or quotation submitted in reply to RFB/RFP/RFQ State Refers to State of California, its departments and/or agencies

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II. STATEMENT OF WORK
A. Intent: It is the intent of these specifications, terms and conditions to seek proposals to provide Security Guards for the former Naval Weapons Station for the City of Concord. The City reserves the right to award any combination of services or reject all proposals
The City intends to award a Contract (with option to renew) to the bidder selected as the lowest responsible bidder based on the ‘best value’ concept (described further in Section IV.A below) and meets the City’s requirements.

B. Scope of Services: The City of Concord is issuing this Request for Proposal (including all attachments hereto) (“RFP”) in order to solicit Bids to furnish all necessary tools, materials, labor, and supervision (including cost of insurance and all payroll taxes on such labor) to provide the above service(s)/product(s), all as more particularly described in the applicable Exhibits mentioned below.

1. Specifications: Please refer to ‘Exhibit A–Specifications’ for details on the scope of services or specifications.

III. BID SUBMITTAL REQUIREMENTS
A. Bid Submittal Delivery Method:

Submittal shall be by the following method:
☒ Via email to [email protected].
☒ Hard copies to the location specified in the ‘Bid Timeline Schedule’ table on the front cover.

If this box is checked, you must include; 5 copies (ONE MARKED ORGINIAL) and one (1) electronic copy (Thumb Drive)
B. Bid Submittal Contents:

Bid submittal should be in the following order as applicable (Items 1-4): (also outlined in the ‘Bid Submission Requirements Table’ after the Table of Contents page.)

1. Exhibit B - Bid Submittal Form: Please complete this form and provide any of the required information as applicable as indicated on the form.

2. Exhibit C - Exceptions to Specifications/Requirements:
a. No exceptions or alternative products are permitted. b. Bidder must provide with the submittal, utilizing the form in ‘Exhibit C –Exceptions to Specifications/Requirements’, any and all exceptions to either the specifications and/or the terms and conditions contained herein. Failure to note exceptions shall be interpreted to convey the bidder agrees to perform in the manner described and/or specified in this RFP.

3. Exhibit D - Debarment/Suspension Certification: Please refer to the ‘Debarment/Suspension Policy’ section in the ‘Purchase Order Terms and Conditions’ in Exhibit E and submit the Certification form in Exhibit D.

4. Other Required Documents: Please submit any additional documents specified in any of the above or described in the Scope of Services/Specifications in Exhibit A.

C. Other Bid Submittal Information:

1. Submittal Deadline: Bid submittals will be received until the due date and time specified in the Bid Timeline Schedule tables on the front cover of this bid and/or in Section IV.C. Schedule of Events as determined by www.time.gov. Late submittals will not be accepted. Telephone or faxed Bids will not be accepted. It is the bidder’s responsibility to see that their Bids have sufficient time to be received by the office and location specified in this bid before the submittal deadline. Bidder assumes the burden of delivery. (Note: If proposals are required to be submitted to a physical location, it must be in a sealed envelope or box clearly marked with the Bid # /Title or Project Name, Attention to the specified,

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appropriate Office, and Due Date of Bid.)

2. Local Vendor Preference: ☐ If this box is checked, local preference applies to this bid. (For instance, local preference policy does not apply to public projects and professional services.) A 5% local preference shall be applied to a maximum of $100,000 per bid. All bidders are directed to City of Concord Policy and Procedure 142 (Local Contractor Preference for the Purchase of Supplies, Service and Equipment), which may be accessed on the City Purchasing’s website and the following direct link, http://www.cityofconcord.org/pdf/business/purchasing/vendor_policy.pdf, which is attached to this RFP and incorporated by reference.

3. Modifications and Withdrawal: Submittals may not be modified after Bid due date. Bidders may withdraw Bids at any time before the Bid opening, provided that a request in writing, executed by the bidder or its duly-authorized representative for the withdrawal of such Bid, is file with the City prior to the time fixed for the opening of Bids. The withdrawal of a Bid shall not prejudice the right of a bidder to file a new Bid.

4. California Public Records Act, Confidential/Proprietary Information. All documents submitted in response to this RFP will become the property of the City, and will be regarded as public records under the California Public Records Act (Government Code Section 6250 et seq.) and subject to review by the public. Any confidential or propriety information as defined by the California Public Records Act (“Confidential Information”) must be enclosed in a separate folder or envelope clearly marked as "CONFIDENTIAL/PROPRIETARY INFORMATION” and submitted with the rest of the Bid. Bid submittals where all information is so marked will be disregarded and made available pursuant to the CPRA. However, bidder (by virtue of submitting its Bid or any Confidential Information) acknowledges that City has not made any representations or warranties that Confidential Information is exempt from disclosure under Applicable Laws.

If City's City Attorney, in his or her discretion, determines that release of Confidential Information is required by Applicable Laws, including pursuant to order of a court of competent jurisdiction, City sha l notify the applicable bidder of City's intent to release Confidential Information. Bidder shall have five (5) calendar days after the date of City's notice (“Objection Period”) to deliver to City a written objection notice which includes (1) justification for non-disclosure of all or any portion of the requested Confidential Information, and (2) legally binding confirmation of bidder’s indemnity and release obligations as set forth in this section (“Objection Notice”). City may release the Confidential Information if (i) City does not timely receive an Objection Notice, (ii) a final and non-appealable order by a court of competent jurisdiction requires City to release Confidential Information, or (iii) the City’s City Attorney, in his or her discretion, upon review of the Objection Notice, determines that it does not satisfy the requirements set forth in this section or that the requested Confidential Information is not exempt from disclosure under the Applicable Laws. If the City Attorney, in his or her discretion, determines that only a portion of the requested Confidential Information is exempt from disclosure under the Applicable Laws, City may redact, delete, or otherwise segregate the Confidential Information that will not be released from the portion to be released, and may key by footnote or other reference to the appropriate justification for not disclosing the unreleased Confidential Information. Bidder shall defend, indemnify and hold harmless City and its officers, officials, employees, volunteers, agents, attorneys, and representatives (collectively, "Indemnitees") from and against any and all Claims arising out of or in any way connected with disclosure or non-disclosure of any Confidential Information. “Claim” or “Claims” means any and all present and future liabilities, claims, demands, obligations, grievances, judgments, orders, injunctions, causes of action, assessments, losses, costs, damages, fines, penalties, expenses, suits or actions of every name, kind, description and nature (including attorneys’ fees and costs), whether brought forth on account of damages, injuries to or death of any person or damage to property, known or unknown, and whether now existing or hereafter arising, including all costs, attorney’s fees, expenses and liabilities incurred in the defense of any of the foregoing or any action or proceeding brought thereon.

Bidder hereby waives, releases and discharges forever the Indemnitees from any and all present and future Claims arising out of or in any way connected with any Confidential Information. Bidder is aware

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of and familiar with the provisions of Section 1542 of the California Civil Code which provides as follows:

A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

As such relates to this Section, bidder hereby waives and relinquishes all rights and benefits which it may have under Section 1542 of the California Civil Code.

IV. INSTRUCTIONS TO PROPOSER
A. Reservation of Rights:

The City reserves the right to reject any or all Bids and to waive informalities, minor irregularities, and minor variations from specifications in Bids received. The City may accept any item or group of items of any Bid which will produce the most satisfactory results suited to the City's requirements.

The contract shall be awarded to the lowest responsive bidder based on the City’s best value concept. Criteria for determining low bids shall include, but not be limited to, the following: (1) The ability, capacity, and skill of the bidder to perform the contract or provide the supplies, services, or equipment required; (2) The ability of the bidder to provide the supplies, services, or equipment promptly or within the time specified without delay or interference; (3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder; (4) The quality of the bidder's performance on previous purchases or contracts with the City; (5) The ability of the bidder to provide future maintenance, repair, parts, and services for the use of the supplies purchased.

If no responsive proposals are received, the services performed or the supplies or equipment furnished may be obtained without further competitive bidding. The purchase must be made within thirty (30) days of the bid due date and time.

B. Online Vendor Registration:

Online Vendor Registration Instructions:

Whether you are a current vendor or not, in order to view bids, participate in the bidding process, and/or receive email notifications to bid, you must be registered with us by completing our free online ‘Vendor Registration’ section in the City of Concord Purchasing website at http://www.cityofconcord.org/business/purchasing/ (at no charge). Note: The registration process will take you to our third party administrator (Public Purchase) who administers our online registration/bid information. Please read the instructions carefully and follow all of the steps. (Two-Step process: 1) to register with Public Purchase, and 2) to register with City of Concord.) Bid Documents/Information:

You may view current, past, and updated information for bids/opportunities at any time by going to the City’s Purchasing website at www.cityofconcord.org/business/purchasing/bidsandquotes.asp (using the login information provided from the registration process). Hard copies may also be requested from the Purchasing Division, Finance Department, Civic Center, 1950 Parkside Drive, Concord, California, 94519 by emailing [email protected] for an appointment or by contacting the person specified in the RFP document.

The Purchasing Division in the Finance Department’s main phone number is 925-671-3178, office hours are 9:00 to 12:00 p.m. & 1:00 to 4:00 p.m., Monday through Friday, excluding City holidays. Holidays for the City of Concord can be found at http://www.cityofconcord.org/about/contact/holidays.htm. (Note: Bid Notices are also posted in the glass box outside of Wing C in the Finance & Information

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Technology Building at the Civic Center.)
Please note that the City of Concord does not use any bidding service nor is responsible for notifying potential bidders of upcoming bids even if you have completed the online vendor registration. Depending on the project amount or circumstance, not all bids are processed through the Purchasing Division. It is the potential bidder’s responsibility to be informed of any upcoming bids, addendum, revisions, or updates by going to City’s Purchasing website noted above or as instructed on the bid document.

C. Schedule of Events:

The following schedule details key dates and times related to this RFP. City reserves the right to revise this schedule.

Bid Timeline
Date Time Activity
May 22, 2023 By 5:00 PM RFP Issued
May 30, 2023 12:00 PM Questions to RFP Due
June 4, 2023 4:00 PM Addendum Issued/Posted on Purchasing Website by City Staff
June 11, 2023 2:00 PM Proposal Due Date
Submittals to:

E. Examination of Requirements: Before submitting a proposal , each proposer shall be held responsible for having examined this RFP and be fully informed of the physical site conditions (including underground conditions) at each jobsite, requirements, and specifications of the work or materials to be furnished. Failure to do so will be at the bidder’s own risk and relief on a plea of error cannot be secured. This may be cause for the annulment of the award and the forfeiture of the bidder’s bid security.

F. Questions, Interpretations, or Corrections of Bid Document: Questions regarding this RFP must be submitted in writing via email with the referenced RFP number clearly stated in the ‘subject area’ to the email address at: [email protected]. Questions shall arrive no later than the time specified in the above table under Schedule of Events. Bidder shall promptly notify the Purchasing Agent in the same manner of any error, omission, or inconsistency that may be discovered during the examination of the RFP.

Any questions or comments directed to persons or addresses other than specified in the preceding sentence, or received after the deadline specified in the preceding sentence, will not be addressed. Bidder’s company name, address, phone number, email address, fax number, contact person, and reference to this RFP must be included with the questions or comments. The City’s response to questions or comments will be in the form of an addendum to be posted on the website by the time/date specified above under Schedule of Events.

All clarifications, corrections, or changes to this RFP will be made by a formal written addendum or addenda to the RFP issued by the City of Concord (“Addendum” or “Addenda”) only. Each Addendum (if any) shal automatically become part of this RFP and thus part of the Contract Documents. “Contract Documents” means, collectively, this RFP, the chosen bidder’s written Bid (as modified by any written best and final offer accepted by the City of Concord), the final contract executed between the City of Concord and the

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chosen bidder, and any amendments executed in writing by the City of Concord and the chosen bidder.

Bidder shall not rely upon interpretations, corrections, or changes made in any other manner, (e.g. whether by telephone, in person, or any type of writing) other than an Addendum. Interpretations, corrections, and changes shall not be binding unless made by Addendum. All Addenda issued will be posted on the City of Concord’s website at www.cityofconcord.org/business/purchasing. Notifications may (but are not required to) be sent to all known bidders by email; however it is the bidder’s sole responsibility to ascertain that it has received all Addenda issued for this RFP.

Communication During Bid Process
All communications with regard to any aspect of this solicitation/bid must be in writing and addressed only to the individual set forth in Section C. Schedule of Events (below) under ‘Contact Person for this bid’.

Under no circumstances may the proposer (including staff) contact Councilmembers, members of the evaluation team, the City’s departments/divisions, or City staff, prior to award of a contract. If a prior relationship exists between Bidder and City, Bidder may only discuss matters for which the Bidder is contracted. Failure to comply with this provision may be just cause for rejection of bid. Information provided by other than the named contact person may be invalid, and responses which are submitted in accordance with such information may be declared non-responsive. In addition, contacts made with other City staff in an attempt to circumvent or interfere with the City’s standard bidding and evaluation practices may be grounds for disqualification of the bidder. ‘Ex parte’ communications with Councilmembers or any person, or any person responsible for awarding a contract, including the Project Manager or Purchasing Staff are prohibited.

G. Prices, Notations, and Mistakes: No charge shall be allowed for the preparation of a response to this RFP or negotiation or drafting of any other Contract Documents. All prices and notations must be in ink or typewritten. Mistakes may be crossed out and corrections typed or printed adjacent and initialed in ink by the person who signs the Bid. Prices shall be stated in units and bids made separately on each item as provided in Exhibit G. Prices quoted shall be F.O.B. In case of conflict, unit prices will govern. Where there is a conflict between words and figures, words will govern. The total amount of the submittal will be the sum of the total prices of all items in the submittal schedule. The total price of the unit price items will be the product of the unit price and the estimated quantity of the item. In case of discrepancy between the unit price and total price of an item, the unit price shall prevail. If the unit price is ambiguous, unintelligible, or uncertain for any cause, or is omitted, it shall be the amount obtained by dividing the amount set forth as the total price by the estimated quantity of the item.

H. Agency Compliance/License: Bidder shall comply with all applicable Federal, State of California, and local laws, rules, and regulations (including labor laws, and the Concord Municipal Code) and shall obtain all applicable licenses and permits for the conduct of its business and the performance of the services, and any provision of equipment and material (“Applicable Law”). All transactions related to any of the Contract Documents shall be governed by the laws of the State of California, and trial of any action brought in connection with the RFP or the Contract Documents shall be held exclusively in a state court in the County of Contra Costa, California.

I. Term of Contract: The City intends to award a one (1) year purchase order/contract with two (2) one- year renewal options.

1. The City has and reserves the right to suspend, terminate, or abandon the execution of any work by the selected Bidder without cause at any time upon giving to the selected Bidder prior written notice.

In the event that the City should abandon, terminate or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment. The City may terminate the contract at any time without written notice upon a material breach of contract and substandard or unsatisfactory performance by the selected Bidder. In the event of termination with cause, the City reserves the right to seek any and all damages from the selected Bidder. In the event of such termination with or without cause, the City reserves the right to invite the next highest ranked bidder to enter into a contract or re-bid the project if it is determined to be in its best interest to do so.

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2. The City may, at its sole option, terminate any contract that may be awarded as a result of this RFP at the end of any City fiscal year (i.e. each July 1 st through each June 30 th), for reason of non-appropriation of funds. In such event, the City will give Contractor adequate notice that such function will not be funded for the next fiscal period. In such event, the City will return any associated equipment to the Contractor in good working order, reasonable wear and tear excepted.

3. By mutual agreement, any contract which may be awarded pursuant to this RFP, may be used again for the above terms to purchase additional items at agreed prices without further competitive bidding.

All other terms and conditions would remain the same.

J. Terms of the Offer: The City’s acceptance of Proposers offer shall be limited to the Contract Documents, unless expressly agreed in writing by the City of Concord. Each Proposer must provide in Exhibit C- Exceptions to Specifications/Requirements any proposed changes to the terms hereof (including any insurance, indemnification, and bid security language or requirements). RFP’s offering terms other than those shown herein may be declared non-responsive and may not be considered.

K. Award of Contract: Any award shall be made in accordance with Applicable Laws (defined in Section H).

1. Evaluation Criteria:

Award will be made to the highest ranked proposal based on a “best value” concept specified in Section IV.A, and any criteria specified in Exhibit A and/or B.

2. Selection Process: Proposals will be evaluated by a selected panel as stated in Exhibit A & B and as follows:
 The department(s) will recommend award to the bidder who, in its opinion, has submitted the Bid that best serves the overall interests of the City and attains the ‘best value’ concept. Award may not necessarily be made to the bidder with the lowest price.

Notwithstanding anything herein to the contrary, the City of Concord shall evaluate the criteria in accordance with Concord Municipal Code Section 2-647.  The City reserves the right to award to a single or multiple contractors.  The City has the right to decline to make any award for any reason.  Approval of the City Council is required before any award can be made (if >$50,000).

3. Terms and Conditions: Final contract terms and conditions will be negotiated with the selected bidder, and will include but is not limited to all of the terms and conditions of this RFP and in ‘Exhibit E-Sample Purchase Order (PO)Terms and Conditions’ and/or Exhibit F-Sample Contract’. Please note that the sample may or may not include all of the clauses/language of the final PO/contract. Contract may be in a form of a purchase order, a contract, or both.

4. Notice of Award: Upon written notification of award, the chosen bidder must provide applicable insurance certificates, business license, and any other requirements described in this RFP within the requested time frame. Failure to provide the required documents within the time allowed may result in withdrawal of award.

The City contact information after award will be:

City of Concord:

Guy Bjerke, Director, Community Reuse Planning
1950 Parkside Drive, MS 56, Concord, CA 94519
Telephone: (925) 671-3076
Email: [email protected]
a. Business License: The selected bidder will be required to obtain a City of Concord business license and keep it current during the period of performance on the contract resulting from this

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RFP. Questions regarding City of Concord business licenses may be addressed to Mike Snow, City of Concord Finance Department (925) 671-3306.
b. Insurance Requirements: Selected Contractor shall, at its own expense, procure and maintain in full force at all times the City’s Insurance Requirements during the term of the PO and/or any applicable contract. (Please refer to the ‘Insurance Requirements’ document posted on the City’s Purchasing website.)
L. Equal Opportunity
Please refer to the ‘Equal Opportunity Clause of Executive Order 11246’ document posted on the City’s Purchasing website at http://www.cityofconcord.org/pdf/business/purchasing/ee.pdf.

M. Environmental Purchasing Policy
Please refer to the ‘Environmental Purchasing Policy’ on the Purchasing website (http://www.cityofconcord.org/page.asp?pid=2010) for guidelines if applicable.

N. Subcontractor
If permitted to and utilizing subcontractors, all persons submitting bids shall list the name and location of the place of business of each subcontractor regardless of the character of the work (on a separate sheet).

To follow is the list of required information: Name of Subcontractor, Subcontractor’s Business Location, California State Contractor License Number, Dollar amount of Work/Service, and Description of Work or Service to be Provided.

Important Note: The Subcontractor name and business location must be correct and accurate at the time of bid opening. An incorrect listing of the subcontractor’s name or location renders the bid non-responsive.

An inadvertent error in listing the subcontractor’s license number (Column 3) must be corrected within 24 hours after the bid opening, as required by the California Public Contract Code Section 4104.

Effective July 1, 2014, Assembly Bill 44 (AB 44) amends Public Contract Code section 4104 to require a prime contractor to list a subcontractor’s contractor license number when bidding on public construction projects. Current law under the Subletting and Subcontracting Fair Practices Act requires that any public entity taking bids for the construction of a public construction project must require prime contractors bidding on the project to list the name and business location of subcontractors providing labor or services greater than 0.5% of the prime contractor’s total bid amount, Or in the case of bids for the construction of streets, highways, or bridges, in excess of 0.5% of the prime contractor’s total bid or $10,000, whichever is greater.

V. EXHIBITS – ATTACHMENTS (See following as listed in Table of Contents)

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EXHIBIT A (Page 1 of 1)

SPECIFICATIONS

1. General Information

2. Assumptions
There is a need three security guards to be stationed on the former Naval Weapons Station base. Guards will monitor access to base for Navy and City contractors, autonomous vehicle testing, County training, and tour groups.
 Comply with all state and Federal requirements including Affordable Care Act and California sick leave act
 Valid California Private Patrol Operator license
 Guards must have a valid California driver’s license
 Must have a minimum of 10 years in the business
 No subcontracting of employees
 Demonstrate experience of similar projects in scope and size  Must be able to provide substitute badged officer(s) in case of illness, injury or additional need and ability to respond to the need within one hour response time  Must be able to provide 24/7 security needs, late night and weekends are common  Consistency with maintaining same guards is a must (for instance, having the same guard at specific locations permanently is highly desirable)
 Provide fleet vehicle and be able to provide replacement vehicle in case of an inoperable vehicle  Provide security guards with company cell phone (this will be a posted number)  Must be experienced with computer applications TeamUp and Envoy  Manage tracking board and radio distribution
 Be able to interact with multiple law enforcement agencies and be able to offer assistance if needed

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EXHIBIT B
BID SUBMITTAL FORM (Page 1 of 2)
TO THE CITY OF CONCORD: In compliance with the notice inviting bids, the undersigned hereby proposes to furnish a l necessary tools and equipment, materials, labor, and supervision (including cost of Workers’ Compensation Insurance and all payroll taxes on such labor) to provide the above, in accordance with the Special Provisions and Specifications and City of Concord General and Work Conditions therefor, and further agrees to enter into a Contract therefor, at the prices listed in the accompanying proposal.

All costs, except sales tax, must be included in the submittal.

A. COST INFORMATION: Cost Breakdown: Please attach a detailed breakdown if applicable:

GRAND TOTAL
A. Security Guard$ Hourly Cost per Guard
x 3 Guards =$ Cost per Hour for 3 Guards
x 40 hours per week =$
x 52 weeks = $ Total Annual Cost for 3 Guards
B. Car/Vehicle $ $ Total Annual Cost for
Weekend Guard
Weekends: $ Total Annual Cost for
Weeknight Guard
C. 1 Security Guard Monthly Rate x 12 months =$ Total Cost for Car/Vehicle x 20 hours per week $ Grand Total Cost (A + B + C +
D)
x 52 weeks
D. Weeknights:
1 Security Guard
x 25 hours per week
x 52 weeks
(written amount)
The cost will be based upon the total bid amount as written in words. Where there is a discrepancy between words and figures, WORDS WILL GOVERN.

B. COMPANY INFORMATION:

COMPANY NAME:

ADDRESS (Not a P.O. Box):

CITY: STATE, ZIP CODE:

PHONE NO.: FAX NO.:

EMAIL ADDRESS:

YOUR NAME & TITLE:

YOUR SIGNATURE: DATE:

By signing above, proposer certifies that all information above and submitted with this bid is true and the representations made herein are made under penalty of perjury. Providing false information may result in criminal prosecution or administrative sanctions.

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EXHIBIT B
PROPOSAL SUBMITTAL FORM (Page 2 of 2)
C. OTHER REQUIREMENTS /INFORMATION

1. Bid Bond Re quire ment: ☒ No, not required for this bid ☐ Yes, please submit a 10% Bid Bond with your bid.

You may use the form below or submit form used by the acceptable Surety company.

2. Performance /Payme nt Bond: ☒ No, not required for this bid ☐ Yes, this is required if selected and awarded a contract as follows:

Selected Contractor shall furnish a Faithful Performance Bond and a Payment (aka Labor and Materials) Bond, each in a sum not less than 100% of the total price, issued by a Corporate Surety of Sureties acceptable to the City of Concord and listed by the State of California, Department of Insurance as being certificated to transact insurance in the State of California. The insurer must maintain the Certificate of Authority during the entire contract period. If the Certificate is withdrawn, work will be stopped until such time as the contractor furnishes new bonds from a certificated surety. The successful respondent agrees that failure to execute a contract and file acceptable Labor and Materials bonds as provided herein, within ten (10) calendar days after receipt of the contract, shall be just cause for annulment of the award.
(If bid bond is required and submitted in the form of a cashier’s check, the bid bond will be returned to non-awarded bidders and to selected bidder upon receipt of the performance/labor bond.) -----------------------------------------------------------------------------------------------------------------------------------

BID BO ND
Bond No. (You may use the form below or submit form used by the acceptable Surety company.) WHEREAS, (“ Bidder”) submitted a Bid to
the City of Concord (“ City”) for the Project identified on this Bond, and the terms of the Bid require the Bidder to submit bidder’s security.

NOW, THEREFORE, Bidder and (“ Surety”), are hereby held and firmly bound unto the City in the amount of not less than ten percent (10%) of the Bid Amount set forth in the Bidder’s Bid (the terms and conditions of which are incorporated herein by reference) for the above referenced Project, for payment of which Bidder and Surety hereby bind themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, it shall be and remain in full force and effect until either the Bidder’s Bid is rejected by the City, or if Bidder’s Bid is accepted and the City offers the Bidder an agreement and the Bidder properly executes and submits to the City the Agreement and all required documents (including, but not limited to, the Faithful Performance Bond, the Payment Bond and proof of insurance with additional insured endorsement). This obligation shall be null and void when the Bidder’s bid is rejected by the City or when the Agreement is fully executed. The Bidder agrees that in case of Bidder’s refusal and failure to execute this contract and give required final bonds, the money represented by a cashier’s or certified check shall remain the property of the City, and if the Bidder shall fail to execute this contract, the Surety agrees that it will pay to the City damages which the City may suffer by reason of such failure, not exceeding the sum of 10% of the amount of the Bid.

The Surety hereby agrees, for value received, that its obligations under this bond shall in no way be impaired or modified by an agreement between the City and the Bidder to extend the time within which the City may accept the Bidder’s Bid, and the Surety hereby waives notice of any such extension.

In the event suit is brought upon this bond, the surety shall pay reasonable attorneys’ fees and costs incurred by the prevailing parties in such suit, which fees and costs shall be in addition to the face amount of the bond.

IN WITNESS WHEREOF, the undersigned represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Principal and the Surety, and have caused this document to be executed by setting hereto their names, titles, and signatures.

Principal:
(Name of Firm)
Surety:
(Name of Firm)
By: By:

T it le: T it le:

Date: Date:

Address for Notices to Surety:

NOTE: NOTARY ACKNOWLEDGMENT FOR SURETY MUST BE ATTACHED.

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Bidde r Name Bidde r Signature Date

EXHIBIT C

EXCEPTIONS TO SPECIFICATIONS/REQUIREMENTS

PLEASE CHECK THIS BOX IF YOU HAVE NO EXCEPTIONS TO OUR REQUIREMENTS List below requests for clarifications, exceptions and amendments, if any, to the RFP and its exhibits, and submit with your Bid response.

The City is under no obligation to accept any exceptions and such exceptions may be a basis for Bid disqualification.

Reference To:Item
No. Page No. Paragraph
No.

Description

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EXHIBIT D
(Page 1 of 1)
Debarment and Suspension Certification*
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
 is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal department or agency;
 has not been suspended, debarred, voluntarily excluded or declared ineligible by any Federal agency within the past 3 years;
 does not presently have a proposed debarment pending; and  has not been indicted or convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years; If there are any exceptions to this certification, insert the exceptions in the following space.

Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Note: The above certification is part of the Bid. Signing the bid on the signature portion thereof shall also constitute signature of this Certification. Providing false information may result in criminal prosecution or administrative sanctions.

Name of Firm
Name and Title of Authorized Representative
Signature of Bidder or Authorized Representative Date
*Fulfills requirements of Title 49, CFR, Part 29 (applicable to all subcontracts, purchase orders, and other lower tier transactions of $25,000 or more) 1
1 Reference: Local Assistance Procedures Manual (DLA-OB 13-06, Exhibit 12-G Required Federal-aid Contract Language, Page 15 of 22, August 12, 2013)

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EXHIBIT E (Page 1 of 2)

SAMPLE PURCHASE ORDER (PO) TERMS AND CONDITIONS
(This Terms and Conditions page and any referenced document can be found on the Purchasing website at http://www.cityofconcord.org/pdf/business/purchasing/po_terms.pdf or upon request.. This document and all referenced documents are incorporated by reference as though fully restated herein.)

1. Invoice each Purchase Order separately. Items on this Purchase Order must not be billed with those on other Purchase Orders.

2. All Shipments are F.O.B. Delivered unless otherwise specified. When freight is authorized to be prepaid and added to invoice, a copy of the receipted freight bill must accompany invoice. (FOB destination shall mean that the Vendor pays all shipping costs, and title shall transfer to the City only upon receipt and acceptance by an authorized representative of the City of Concord.)

3. Substitutions, Changes, and Prices other than specified must be authorized in writing by the Purchasing Agent.

4. Acceptance of this Purchase Order implies the acceptance of all items and conditions contained herein, and all specifications, drawings, and additional items and conditions referred to herein and/or attached hereto. Read them carefully. No substitutions or changes will be effective without written approval of City.

5. Contract. The contract may be in a form of a purchase order, a separate agreement, or both. Final contract terms and conditions may be negotiated with the selected Contractor, and will include but are not limited to all of the terms and conditions herein and any referenced attachments. Such contract,, when accepted by the Contractor either in writing or shipment of all or any portion of the material or the commencement of performance of any portion of the work covered hereunder, will constitute the entire contract between Contractor and City concerning its subject matter; and neither any contrary or additional conditions specified by Contractor nor any subsequent amendment or supplement shall have any effect without City's written approval.

6. Warranty and Quality Inspection. Contractor warrants that all articles, materials and work furnished shall be good quality and free from defects, shall conform to drawings and/or specifications and shall be merchantable quality and fit for the purpose for which purchased, and shall be at all times subject to City's inspection; but neither City's inspection nor failure to inspect shall relieve Contractor of any obligation hereunder.

If, in City's opinion, any article material, work fails to conform to specifications or is otherwise defective, Contractor shall promptly replace same at Contractor's expense. No acceptance or payment by City shall constitute a waiver of the forgoing, and nothing herein shall exclude or limit any warranties implied by law.

7. T itle. Contractor warrants that any article, material or work is free and clear of all liens and encumbrances whatsoever, and that Contractor has a good and marketable title to same, and Contractor agrees to hold City free and harmless of any patent, copyright or trademark resulting from or arising in connection with the manufacture, sale, or other normal disposition of any article or material furnished hereunder.

8. Infringement. Contractor shall indemnify and defend City against all claims, suits, liability and expense on account of alleged infringement of any patent, copyright or trademark resulting from or arising in connection with the manufacture, sale normal use or other normal disposition of any article or material furnished hereunder.

9. Invoice Discount. Contractor shall state its payment and discount terms on invoices. Discount period shall begin from date City received invoices or merchandise whichever arrives last. Delay caused by correction of errors and omissions shall extend the discount period and shall be just cause for withholding settlement without loss of cash discount by City.

10. Compensation. Contractor agrees to receive and accept the prices shown as full compensation for furnishing all materials and for all work contemplated and embraced in this order; also for all loss or damage arising out of the nature of the work aforesaid, or from the action of all elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of work until its acceptance by City, and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance or work and for well and faithful completing the work, and the whole thereof, in the manner according to the requirements of the City's inspection.

11. Indemnification. Contractor agrees to defend, indemnify and hold harmless the City, its officers, officials, employees, agents and volunteers from and against any and all claims, demands, actions, losses, damages, injuries, and liability (including all attorney's fees and other lit igation expenses) arising out of the Contractor’s performance under the terms of this Purchase Order, including but not limited to Prevailing Wage Policies. This indemnification obligation on Contractor’s part shall not apply to demands, actions, losses, damages, injuries, and liability arising out of sole or active negligence or willful misconduct on the part of City.

12. Laws to be Observed. All activities regarding this order shall be governed by the laws of the State of California. Any action to enforce this agreement shall be brought in a state court in the County of Contra Costa, California. Contractor shall keep fully informed of and shall comply with all existing and future State and Federal laws and all municipal ordinances and regulations of the City of Concord which in any manner affect those engaged, or employed in the work, or the materials, used in the work, or which in any way affect the conduct of the work and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. In accordance with SB854, Contractors must register and meet requirements using the new Department of Industrial Relations online application before bidding on public works contracts in California.

13. Contractor's Licensing Laws. Attention is directed to the provisions of the California Business and Professions Code concerning the licensing of Contractors. All bidders and Contractors shall be licensed in accordance with the laws of the State of California and any bidder or Contractor not so licensed is subject to the penalties imposed by such laws.

14. Permits and Licenses. Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work.

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EXHIBIT E (Page 2 of 2)

SAMPLE PURCHASE ORDER (PO) TERMS AND CONDITIONS

15. Labor Compliance Requirements (Prevailing Wage, SB854 Etc.). Contractor/Vendor must comply with all labor compliance requirements including but not limited to prevailing wage requirements, SB 854, Labor Code sections 1771.1(a) & 1725.5, Public Works Contractor Registration Program, Electronic Certified Payroll Records to Labor Commissioner, and other requirements described on the direct links provided in the document ‘Labor Compliance Requirements (Prevailing Wages, SB 854 Etc.’, posted on the City Purchasing’s website.

16. Excuses for Non-Performance. Either party shall be absolved from its obligations under this contract when and to the extent that performance is delayed or prevented (and in the City of Concord's case when and to the extent that its need for the articles, materials or work to be supplied hereunder is reduced or eliminated) by reason of acts of God, fire explosion, war riots, strikes, labor disputes, or governmental laws, orders or regulations.

17. Default. If Contractor or Subcontractor shall breach any provision hereof or shall become insolvent, enter voluntary or involuntary bankruptcy or receivership proceedings or make an assignment to the benefit of creditors, City of Concord shall have the right (without limit ing any other rights or remedies which it may have hereunder or by operation of law) to terminate this contract by written notice to Contractor whereupon City of Concord shall be relieved or all further obligation hereunder except the obligation to pay the reasonable value of Contractor's prior performance (at not exceeding the contract rate), and Contractor shall be liable to City of Concord for all costs incurred by City of Concord in completing or procuring the completion of performance in excess of the contract price herein specified. The City of Concord's right to require strict performance of any obligation hereunder shall not be affected by any previous waiver, forbearance of course of dealing. T ime is of the essence hereof.

18. Taxes. Unless otherwise provided herein or required by law, Contractor assumes exclusive liability for, and shall pay before delinquency, all sales, use, excise and other taxes, charges or contributions of any kind now or hereafter imposed on or with respect to, or measured by the articles sold or material or work furnished hereunder on the wages, salaries or other remunerations paid to persons employed in connection with the performance of this contract, and Contractor shall indemnify and hold harmless the City of Concord from any liability and expense by reason of Contractor's failure to pay such taxes or contributions.

19. Independent Contractor. Both parties understand and acknowledge that Contractor, its agents, employers and subcontractors are and shall at all times remain as to the City wholly independent contractors. Neither the City nor any of its officers or employees shall have any control over the manner by which the Contractor performs this Agreement and shall only dictate the results of the performance. Contractor shall not represent that Contractor or its agents, employees or subcontractors are agents or employees of the City, and Contractor shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the City to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, Contractor shall not be eligible for any benefits, which the City may provide to its employees and all persons, if any, hired by Contractor shall be employees or subcontractors of Contractor and shall not be construed as employees or agents of the City in any respect. Contractor shall receive no premium or enhanced pay for work normally understood as overtime, i.e., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends. Contractor shall not receive a premium or enhanced pay for work performed on a recognized holiday. Contractor shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. Contractor shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the work to be performed by Contractor.

20. Safety. All equipment and materials shall comply with all Federal, State, and local safety rules and regulations including OSHA.

21. Assignment. City is entering into this agreement in consideration of the rendition of the work required herein by Contractor. Contractor shall not assign any of the duties, responsibilities, or obligations of this agreement to any other firm, company, entity, or individual, except with the express written consent of City. Nothing set in this paragraph shall preclude Contractor from assigning any of the money due and owing to it from City.

22. Insurance. Contractor shall, at its own expense, procure and maintain in full force at all times the City’s Insurance Requirements during the term of the PO and/or any applicable contract/agreement. (Please refer to the ‘Insurance Requirements’ document posted on the City’s Purchasing website.)

23. Reservation of Rights. The City reserves the right to reject any or all quotes/bids, to waive any informalities, or to terminate the solicitation process at any time, if deemed by the City to be in the best interest of the City.

24. Equal Opportunity. Please refer to the ‘Equal Opportunity Clause of Executive Order 11246’ document posted on the City’s Purchasing website at http://www.cityofconcord.org/pdf/business/purchasing/ee.pdf.

25. Debarment/Suspension Policy. Contractors/vendors and subcontractors must not be debarred, suspended or otherwise excluded by the United States Government in compliance with the requirements of 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR

80.35, 45 CFR 92.35, Executive Order 12549, and Public Contract Code (PCC) Section 6109. (The City will verify bidder, its principal and their named subcontractors are not on the Federal debarred, suspended or otherwise excluded list of vendors located at www.sam.gov .) Contract and/or Purchase Order will be terminated upon verification that vendor is on the excluded list of vendors. Please also refer to the Debarment and Suspension Certification document, posted on the City’s Purchasing website.

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EXHIBIT F (Page 1 of 12)

SAMPLE CONTRACT
(This is a SAMPLE only. The actual contract may include and is not limited to all of the terms and conditions specified in this RFP.)

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EXHIBIT F (Page 2 of 12)

SAMPLE CONTRACT

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EXHIBIT F (Page 3 of 12)

SAMPLE CONTRACT

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EXHIBIT F (Page 4 of 12)

SAMPLE CONTRACT

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CITY OF CONCORD – REQUEST FOR PROPOSAL (RFP) #052023 SECURITY GUARDS-NAVAL WEAPONS

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EXHIBIT F (Page 5 of 12)

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EXHIBIT F (Page 6 of 12)

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EXHIBIT F (Page 7 of 12)

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EXHIBIT F (Page 8 of 12)

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EXHIBIT F (Page 9 of 12)

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EXHIBIT F (Page 10 of 12)

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EXHIBIT F (Page 11 of 12)

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EXHIBIT F (Page 12 of 12)

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Attachment 2

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28 THIS AGREEMENT (“Agreement”) is entered into on August 8, 2023 between the City of Concord, a California municipal corporation (“CITY”) and Guardian Security Agency, 1820 Galindo Street, #3, Concord, California 94520, a division of Delta Personnel Services, Inc., a California corporation, (“CONTRACTOR”).

THE PARTIES ENTER THIS AGREEMENT based upon the following facts, understandings and intentions:

The CITY desires to contract with CONTRACTOR, and CONTRACTOR desires to contract with CITY, to provide the services described in Section 2 of this Agreement, upon the terms and conditions hereinafter set forth.

On August 8, 2023, the City Council authority for the City Manager to enter into this Agreement with CONTRACTOR.

NOW, THEREFORE, IN CONSIDERATION of the mutual covenants and promises of the parties herein contained, the parties hereto agree as follows:

1. TERM. This Agreement shall commence on September 1, 2023 and expire on June 30, 2024 (“Initial Term”).

A. Extension of Term. Upon mutual written agreement by the parties, the term of this Agreement may be extended for up to two (2) additional successive period(s) of one (1) year each commencing upon the expiration of the then current term (respectively, the “First Extension Term” and the “Second Extension Team”) subject to the same terms and conditions of this Agreement.

Either CITY or CONTRACTOR shall give written notice of its request for extension to the other party’s authorized representative, as identified in Section 4 below, at least thirty (30) days prior to expiration of the then-current term. The extension(s) shall be subject to CITY’s approval, including based on review of CONTRACTOR’s performance under this Agreement. Any extension must be pursuant to a duly executed Amendment to this Agreement.

2. SCOPE OF SERVICES. Subject to such policy direction and approvals provided by the CITY’s authorized representative, CONTRACTOR shall perform certain services described in City of Concord Request for Proposal (RFP) No. 052023 (including all Addenda thereto) entitled “Security Guards – Naval Weapons Station” attached hereto and incorporated herein as Exhibit A Attachment 3

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28 (collectively, the “Request”), and the Request for Proposal Submittal by CONTRACTOR attached and incorporated herein as Exhibit B (“Response”). CONTRACTOR acknowledges, agrees, and understands that the Request was issued for “on-call” services only, that CITY may require CONTRACTOR to perform some, none, all, or any combination of, the proposal items identified in the Response, and that CONTRACTOR shall only perform those proposal items as requested by CITY in writing from time to time (“Requested Services”). CITY retains all rights of approval and discretion with respect to the projects and undertakings contemplated by this Agreement.

3. PAYMENT.

A. Compensation. The compensation to be paid to CONTRACTOR including payment for services and reimbursable expenses, shall be for Requested Services actually performed, at the unit price for the applicable proposal item(s) described in the Response Form. However, shall in no event shall the amount CITY pays CONTRACTOR exceed (i) four hundred and twenty-two thousand dollars ($422,000) (consisting of the four hundred thousand dollars ($400,000) which is the estimated need for services, plus an additional $22,000 should the CITY require additional services) for the Initial Term, (ii) four hundred and twenty-two thousand dollars ($422,000) for the First Extension Term (if any), and (iii) four hundred and twenty-two thousand dollars ($422,000) for the Second Extension Term (if any). Any increase to this compensation amount must be mutually agreed to in writing pursuant to Section 5 below, and requires City Council approval.

CONTRACTOR may submit monthly statements for services rendered; all statements shall include adequate documentation demonstrating work performed during the billing period. It is intended that CITY review such statement and pay CONTRACTOR for services rendered within 30 days of receipt of a statement that meets all requirements of this Agreement. Payment by CITY shall not be deemed a waiver of unsatisfactory work, even if such defects were known to the CITY at the time of payment.

4. AUTHORIZED REPRESENTATIVES. Authorized representatives shall represent CITY and CONTRACTOR in all matters pertaining to the services to be ordered by CITY or rendered by CONTRACTOR under this Agreement except where approval for the CITY is specifically required by the CITY Council. The CITY’s authorized representative is Guy Bjerke, Director of Economic

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28 Development and Base Reuse. The CONTRACTOR’s authorized representative is David J. Travers, President.

5. AMENDMENT TO AGREEMENT. This Agreement may be amended or modified only by a writing duly executed by authorized representatives of both parties, and made and approved in compliance with the CITY’s Municipal Code.

A. Amendment to Scope of Services. If CITY requests services other than as described in the Scope of Services, the amendment shall set forth the changes to the Scope of Services, any change in the performance time schedule, and any change in the compensation described in Section 3, above.

B. Amendment for Additional Compensation. Any additional compensation to CONTRACTOR above the base contract amount must be approved by the City Council.

C. Waiver. CONTRACTOR’s failure to secure CITY’s written authorization for additional compensation or changes to the Scope of Services shall constitute a waiver of any and all right to adjustment in the price or time due, whether by way of compensation, restitution, quantum meruit, or similar relief.

6. INDEPENDENT CONTRACTOR. Both parties understand and acknowledge that CONTRACTOR, its agents, employees, consultants, subconsultants, experts, contractors, and subcontractors are and shall at all times remain as to the CITY wholly independent contractors.

Neither the CITY nor any of its officers or employees shall have any control over the manner by which CONTRACTOR performs this Agreement and shall only dictate the results of the performance.

CONTRACTOR shall not represent that CONTRACTOR or its agents, employees, consultants, subconsultants, experts, contractors, or subcontractors are agents or employees of the CITY, and CONTRACTOR shall have no authority, express or implied, to act on behalf of the CITY in any capacity whatsoever as an agent, and shall have no authority, express or implied, to bind the CITY to any obligation whatsoever, unless otherwise provided in this Agreement.

As an independent contractor, CONTRACTOR shall not be eligible for any benefits, which the CITY may provide to its employees and all persons, if any, hired by CONTRACTOR shall be employees or subcontractors of CONTRACTOR and shall not be construed as employees or agents of

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28 the CITY in any respect. CONTRACTOR shall receive no premium or enhanced pay for work normally understood as overtime, e.g., hours that exceed forty (40) hours per work week, or work performed during non-standard business hours, such as in the evenings or on weekends.

CONTRACTOR shall not receive a premium or enhanced pay for work performed on a recognized holiday. CONTRACTOR shall not receive paid time off for days not worked, whether it be in the form of sick leave, administrative leave, or for any other form of absence. CONTRACTOR shall pay all taxes, assessments and premiums under the federal Social Security Act, any applicable unemployment insurance contributions, Workers Compensation insurance premiums, sales taxes, use taxes, personal property taxes, or other taxes or assessments now or hereafter in effect and payable by reason of or in connection with the services to be performed by CONTRACTOR.

7. STANDARD OF PERFORMANCE. CONTRACTOR represents and warrants to CITY that CONTRACTOR is skilled and able to provide such services described in the Scope of Services and that such services shall be performed in an expeditious manner, and with the degree of skill and care that is required by current, good, and sound procedures and practices. CONTRACTOR further agrees that the services shall be in conformance with generally accepted professional standards prevailing at the time work is performed.

8. PERFORMANCE BY CONTRACTOR. CONTRACTOR shall not delegate its duties to, or employ, others (including consultants, subconsultants, experts, contractors, or subcontractors) without the prior written approval of the CITY. Notwithstanding the foregoing, CITY shall not be obligated or liable for payment hereunder to any party other than CONTRACTOR.

CONTRACTOR hereby designates CONTRACTOR’S representative as the person primarily responsible for the day-to-day performance of CONTRACTOR'S work under this Agreement.

CONTRACTOR shall not change CONTRACTOR’S representative without the prior written consent of the CITY. Unless otherwise expressly agreed by the CITY, CONTRACTOR'S representative shall remain responsible for the quality and timeliness of performance of the services, notwithstanding any permitted or approved delegation hereunder.

9. OWNERSHIP AND MAINTENANCE OF DOCUMENTS. “Work Materials” means any and all finished and unfinished plans, specifications, maps, estimates, manuscripts, drawings,

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Concord City CouncilAugust 8, 2023

Concord City Council
August 8, 2023